JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following law:

PREAMBLE

I

Law 32/2003 of 3 November, General Telecommunications, transposed into the Spanish legal system the regulatory framework for electronic communications approved by the European Union in 2002, deepening the principles of free competition and minimum administrative intervention enshrined in the previous legislation.

Since its adoption, Law 32/2003 of 3 November has been the subject of several amendments aimed at ensuring the emergence and viability of new operators, the protection of users ' rights and supervision. administrative aspects related to public service, public domain and the defence of competition.

The last of these amendments, carried out by the royal decree-law 13/2012 of 30 March, implementing directives on internal markets in electricity and gas and in the field of communications The new European regulatory framework has been incorporated into the new European regulatory framework by the new European regulatory framework, and by which measures are adopted for the correction of deviations between the costs and revenues of the electricity and gas sectors. electronic communications of the year 2009.

This new European framework is composed of Directive 2009 /136/EC of the European Parliament and of the Council of 25 November 2009 (Rights of Users) and Directive 2009 /140/EC of the European Parliament and of the Council of 25 From November 2009 (Better Regulation), and from the same are introduced in the Law measures aimed to create a suitable framework for the realization of investments in the deployment of new generation networks, in order to allow the operators providing innovative and technologically more appropriate services to the needs of the citizens.

II

Telecommunications is one of the most dynamic sectors of the economy and one of the most likely to contribute to growth, productivity, employment, and therefore economic development and social welfare, directly affecting the circle of protection of the general interest.

Currently, technological evolution puts us in a new stage-the extension of new generation networks-which forces the public authorities to reflect on the importance of regulatory function.

The economic and financial situation affecting a large part of developed countries, the current need to encourage investment and boost competition are essential elements to consider in the review of the framework. regulator.

The telecommunications sector, subject to a process of permanent technological innovation, needs constant and massive investment, which requires major projects which can be affected if they are to be require in conditions other than the deployment of networks and the placing on the market of services in the different territorial areas.

The Digital Agenda for Europe, the main instrument for achieving the objectives of the Europe 2020 strategy, aims to ensure that by 2020 all Europeans have the possibility to access broadband connections to a European at least 30 Mbps, and at least 50% of European households are paid for broadband connections in excess of 100 Mbps. These objectives have been incorporated into the Spanish digital agenda, approved by the government in February 2013.

To this end, according to European Commission estimates, an amount of between 180 and 270 billion euros will have to be invested up to this date. It is estimated that investments in the private sector will be needed in Spain of 23 billion euros.

These investments can have a great economic and social impact. The European Commission estimates that for every increase in broadband penetration by 10%, the economy (GDP) is growing by between 1% and 1.5%. In turn, the OECD considers that an increase of 10% broadband penetration in any year implies an increase of 1.5% of productivity over the next 5 years.

Also, as the European Commission has pointed out, the deployment of ultra-fast networks can have an important impact on job creation, with innovation likely to generate 2 million jobs by 2020, including jobs in related sectors, such as the provision of content or the manufacture of equipment.

Moreover, in addition to stimulating investment, it is necessary to continue promoting and ensuring effective competition in the telecommunications sector. It should be borne in mind in this regard that the continuous process of technological innovation in this sector requires major investments in the deployment of networks or infrastructure and the marketing of services that also generate barriers The Commission also took the view that the Commission's This Act aims to promote competition without discouraging investments.

Consequently, it introduces structural reforms in the legal system of telecommunications aimed at facilitating the deployment of networks and the provision of services by operators, in order to enable them to offer to the most innovative, high quality and coverage users, at more competitive prices and with better conditions, which will contribute to enhancing the competitiveness and productivity of the Spanish economy as a whole. It also favours legal certainty, by summarise existing rules, and in particular with regard to the Community framework for electronic communications.

But at the same time, and to the extent that the existence of effective competition is an effective mechanism of pressure on prices, as well as on the quality of services and innovation, the Law provides for a set of obligations or measures which may be imposed ex ante on operators with significant market power. However, the work ex post of the National Commission on Markets and Competition in the pursuit of restrictive practices of competition, both of collusive conduct and abuses of the position of dominance, will also be decisive. may affect this sector. It is therefore essential that this Commission carry out a continuous monitoring of the various electronic communications markets to ensure, preserve and promote effective competition in them which will ultimately provide benefits to the users.

III

This Law therefore seeks to ensure the fulfilment of the objectives of the Digital Agenda for Europe, which requires, in the current situation of technological evolution and economic uncertainty, to ensure a regulatory framework. clear and stable to encourage investment, provide legal certainty and remove barriers that have made it difficult to deploy networks, and a greater degree of competition in the market.

For this purpose, based on the exclusive competence of the State in the field of telecommunications of Article 149.1.21. of the Constitution and in the cross-cutting competences of Articles 149.1.1. and 149.1.13. of the text The Law pursues, as one of its main objectives, the recovery of the market unit in the telecommunications sector, establishing procedures for the coordination and resolution of conflicts between sectoral legislation and the legislation of the competent authorities of the Member States in respect of its powers that may affect the deployment of networks and the provision of services.

With the same objective of facilitating the deployment of networks and the provision of electronic communications services, administrative simplification is carried out, eliminating licenses and authorizations by the administration. of telecommunications for certain categories of facilities that make use of spectrum. In the same vein, a review of the licences or authorisations by the competent authorities is provided for, eliminating its enforceability for certain installations on private property or for the technological renewal of the networks and facilitates the deployment of new networks by allowing access to the infrastructure of other economic sectors that are likely to be used for the deployment of electronic communications networks.

In this same line of reduction of administrative burdens, the Law simplifies the reporting obligations of the operators, who will only be able to request that information that is not already in the hands of the National Regulatory Authorities.

Also, strict conditions are established for the existence of operators controlled directly or indirectly by public administrations, so that, outside the concept of self-provision, the provision of the services under market conditions and private investor criteria, thus avoiding distortions of competition, and with the objective of rationalising public expenditure.

The Law also incorporates the provisions of Law No 3/2013 of 4 June of the creation of the National Commission on Markets and Competition, which in any case confers on the Commission the powers of ex- (a) before and resolution of disputes between operators recognised by Community legislation.

Finally, as a necessary counterpoint to the reduction of the burdens and obligations imposed on the operators, the Law strengthens the control of the radio public domain and the powers of inspection and sanction, facilitating the adoption of precautionary measures and reviewing the amount of penalties.

In short, the criteria for liberalization of the sector, free competition, recovery of the market unit and the reduction of burdens that inspire this legal text are intended to bring legal certainty to the operators and to create the conditions necessary for the existence of effective competition, for the realisation of investments in the deployment of new generation networks and for the provision of new services, so that the sector can contribute to the necessary economic growth of the country.

IV

The Law consists of eighty-four articles grouped into eight titles, 19 additional provisions, twelve transitional provisions, one derogating provision, eleven final provisions and two annexes.

Title I, "General provisions", provides, among other things, the purpose of the Law, which is not limited to the regulation of "electronic communications", a term which, in accordance with the Community Directives, encompasses aspects such as the enabling to act as an operator, the rights and obligations of operators and users, or the universal service, but addresses, in an integral way, the 'telecommunications' regime referred to in the Article 149.1.21. ª of the Spanish Constitution. Therefore, this Law also regulates other issues such as the installation of equipment and systems, the legal interception of telecommunications, the preservation of data, or the conformity assessment of equipment and equipment, issues at the level of The Community is subject to specific rules.

The Law expressly excludes from its regulation the contents disseminated through audiovisual communication services, which are part of the social media regime, and which are characterized by transmitted in a single sense simultaneously to a multiplicity of users. However, the networks used as support for the radio and television broadcasting services and associated resources are an integral part of the electronic communications covered by this Law.

Likewise, the provision of services over telecommunications networks that do not primarily consist of the transport of signals through these networks is excluded from their regulation. The latter are the subject of regulation in Law 34/2002 of 11 July on the services of the information society and electronic commerce.

Likewise, in this Title, the objectives and principles of the Law, already mentioned in the previous regulation, are reordered, affecting the importance of striking a balance between the promotion of innovation, the deployment of new networks, the provision of new services and the guarantee of effective competition in the telecommunications markets.

Title II of the Law on the general system for the exploitation of networks and the provision of services reflects the full liberalisation of the sector.

In accordance with the principles of necessity and proportionality, the provision for the provision and operation of networks is generally and immediately granted by the Law with the sole requirement of notification to the Register of Operators, which now happens to be in the Ministry of Industry, Energy and Tourism.

In addition, cases of self-supply by operators controlled directly or indirectly by public authorities should be notified. The Law establishes specific limitations for the installation and operation of networks and the provision of services by public administrations, in order to avoid distortions of competition that may arise from the participation of public operators. in the electronic communications market.

According to the European Union Directives, the Law refers to the functions of the National Commission on Markets and Competition, which in its capacity as a national independent regulatory authority, in any case exercise those related to the imposition of ex ante regulation in the framework of the market analysis processes, with the resolution of conflicts between operators and with the possible imposition of the functional separation obligation, regulating the obligations applicable to operators with significant power in reference markets.

Also, certain provisions of Title II of this Law have been included in order to ensure that electronic communications markets are developed in an effective competition environment. For these purposes, it is necessary to ensure that the market analysis processes for the imposition, where appropriate, of specific obligations under the ex ante regulation, are carried out on a regular basis. In the same way, and in order to repress restrictive practices in competition, the National Commission on Markets and Competition will monitor the functioning of the various electronic communications markets as well as the different markets. operators who develop their activity in them.

Title III of the Law, relating to obligations and rights of operators and users, includes the provisions relating to universal service, the obligations of integrity and security of networks and the extension of the rights of the end users, and collects important developments regarding the rights of operators to the occupation of public and private domain, the deployment of networks and access to infrastructure in other sectors.

In the area of administrative simplification, it is necessary to recall that certain licences have been replaced in Law 12/2012 of 26 December on urgent measures to liberalise trade and certain services. for the deployment of certain telecommunications networks in private domain by a responsible statement.

In this Law it is established that for the remainder of the actions of the deployment of networks in private domain the licenses can also be replaced by a responsible declaration in those cases in which previously the an operator has submitted to the competent authorities a plan of deployment and has been approved, since in such cases the competent administration has already analysed and weighed the interests inherent in the exercise of its own powers. Actions involving a mere technological update without affecting elements of civil work or masts shall not require authorisation.

With the aim of ensuring market unity, facilitating the installation and deployment of networks and the provision of new services, the Law incorporates the necessary mechanisms of cooperation and conflict resolution. The territorial or urban planning instruments drawn up by the competent public authorities which may affect the deployment of networks shall be the subject of a report by the Ministry of Industry, Energy and Tourism, necessary a negotiation procedure between the Ministry of Industry, Energy and Tourism and the bodies responsible for the approval, modification or revision of those planning instruments.

Finally, the necessary provision of electronic communications infrastructures in urbanisation areas is envisaged and the right of access of operators to infrastructures of public administrations and to infrastructures is guaranteed linear infrastructure such as electricity, gas, water, sanitation or transport. These measures are aligned with the proposals made by the European Commission in its document of 27 April 2012 on measures to reduce the costs of the deployment of very high speed networks in Europe.

With the objective of strengthening the rights of users, the rights introduced in Law 32/2003 of 3 November, General of Telecommunications by the royal decree-Law 13/2012, of March 30, are clarified. The best identification of the rights of users of telecommunications relating to the protection of personal data and the privacy of persons, and the maintenance of the out-of-court settlement procedure, is remarkable. Disputes between operators and end-users before the Ministry of Industry, Energy and Tourism. It is also envisaged that the sector-specific rules laid down in this Law will prevail over the general rules for the protection of consumers and users, as laid down in the Community legislation itself, in particular in the Article 3 (2) of Directive 2011 /83/EU of 25 October 2011 on the rights of consumers.

In Title IV, concerning the assessment of the conformity of equipment and apparatus, aspects such as technical standardisation, the assessment of the conformity of equipment and apparatus, and the conditions under which the conformity of equipment and apparatus are must comply with the facilities.

In relation to the administration of the radio public domain, Title V follows a clarification of the applicable principles, of the actions covered by that administration, of the types of use and of the different (i) the introduction of a new system for the provision of services for the use of certain types of equipment, and the introduction of a system for the provision of services; secondary of the spectrum. As a novelty, measures are introduced to avoid the use of spectrum by those who do not have the enabling title to do so, thereby ensuring the availability and efficient use of this scarce resource, in particular through its protection. active and the collaboration of network operators.

Title VI, "The Administration of Telecommunications" determines the competencies assigned to the different National Regulatory Authorities. In particular, this title incorporates the division of competence which is inspired by Law No 3/2013 of 4 June of the creation of the National Commission on Markets and Competition, attributing to that Commission functions such as the definition and analysis of the reference markets relating to electronic communications networks and services, the identification of the operator or operators with significant market power, the establishment, where appropriate, of specific obligations to those operators, the conflict resolution in the electronic communications markets or the determination of the net cost in the provision of universal service, among others.

In Title VII, "Telecommunications Fees" and in Annex I, the Law introduces important improvements regarding the regulation contained in Law 32/2003 of 3 November on telecommunications charges. In particular, the ceiling on the overall rate of operators to finance the costs incurred by the National Regulatory Authorities for the implementation of the legal regime set out in this Law is reduced and a maximum of automatic adjustment scheme to the costs to which the National Regulatory Authorities have had to deal.

Title VIII on inspection and sanctioning regime strengthens the inspection powers, requiring the collaboration of the owners of land or property in which telecommunications facilities are located for the identification of the holders of such facilities, improving the classification of offences, reviewing the classification and level of penalties, providing criteria for determining the amount of the penalty, and facilitating the adoption of measures Precautionary measures may be agreed even before the start of the sanctioning file.

The additional provisions regulate, among other matters, the Advisory Board of Telecommunications and the Information Society, the obligations in terms of conditional access, access to certain services of broadcasting and television, wide-format television and broadcasting obligations, as well as the creation of the Inter-Ministerial Commission on Radio frequencies and Health to report on measures adopted in the field of health protection in the face of radio emissions and the multiple controls to which the facilities generating such emissions.

In particular, one of the additional provisions aims at the universalisation of ultrafast broadband, under which the Government will establish a National Ultrafast Network Strategy which aims to promote the deployment of ultra-fast access networks to broadband, both fixed and mobile, in order to achieve their universalisation, as well as to encourage their adoption by citizens, businesses and administrations, to ensure social cohesion and territorial cooperation with the territorial administrations.

Measures such as the annual implementation of public calls for aid for the extension of ultra-fast broadband coverage that, under the principle of neutrality, will be included in the implementation of this Strategy. In the short term, in particular, the aim of enabling shorter time-limits for connecting and reducing costs in rural areas of difficult orography and low-level rural areas is not provided for in the short term. Population density. These public calls will ensure that the aid will cover only a percentage of the investment, that the aid will be awarded on a competitive basis, and that the need for the aid is justified in the existence of a short-or medium-term trade deficit preventing the implementation of the project due to its low profitability, and providing for mechanisms to avoid a possible compensation.

In addition, priority action zones will be established on the basis of the greatest needs of users, their dynamicability, the degree of presence of SMEs or economic activity centres such as industrial estates or tourism centres and other factors such as the territorial balance, their increased impact on economic development, their remoteness, or the availability of funding from the European Regional Development Fund (ERDF).

This Strategy will be complemented by other measures provided for in this Law aimed at facilitating the deployment of ultra-fast fixed and mobile access networks, and facilitating the modernisation and renewal of networks.

For their part, the transitional provisions regulate different aspects that will facilitate the transition towards the implementation of this new Law, such as the adaptation of the operators controlled directly or indirectly by public authorities to the arrangements provided for in Article 9 or the transitional arrangements for the fixing of the fees laid down in Annex I.

Finally, in the final provisions, the Law amends various normative texts. In particular, various precepts of Law 34/2002 of 11 July, of Services of the Information Society and Electronic Commerce, are modified in order to adapt it to the current social and economic framework. In particular, details of the addressee's consent to accept the processing of data derived from data storage and retrieval devices in its terminal equipment are introduced, and criteria are set for the modulation of sanctions.

INDEX

Title I. General provisions

Article 1. Purpose and scope of the Law.

Article 2. Telecommunications as services of general interest.

Article 3. Objectives and principles of the Law.

Article 4. Telecommunications services for national defence, public security, road safety and civil protection.

Title II. Exploitation of networks and the provision of electronic communications services under free competition.

Chapter I. General provisions.

Article 5. Applicable principles.

Article 6. Requirements for the operation of the networks and the provision of electronic communications services.

Article 7. Operator registration.

Article 8. Conditions for the provision of services or the operation of electronic communications networks.

Article 9. Installation and operation of public networks and the provision of electronic communications services under the provision to third parties by public administrations.

Article 10. Obligations for the provision of information.

Article 11. Technical standards.

Chapter II. Access to the associated networks and resources and interconnection.

Article 12. General principles applicable to access to and interconnection of associated networks and resources.

Chapter III. Ex ante regulation of markets and conflict resolution.

Article 13. Relevant markets and operators with significant market power.

Article 14. Specific obligations applicable to operators with significant power in reference markets.

Article 15. Conflict resolution.

Chapter IV. Functional separation.

Article 16. Mandatory functional separation.

Article 17. Voluntary functional separation.

Article 18. Additional specific obligations to functional separation.

Chapter V. Numbering, routing, and naming.

Article 19. General principles.

Article 20. National plans.

Article 21. Preservation of telephone numbers by subscribers.

Article 22. Harmonised numbers for harmonised European social value services.

Title III. Public service obligations and public rights and obligations in the operation of networks and in the provision of electronic communications services.

Chapter I. Public service obligations.

Section 1. Delimitation.

Article 23. Delimitation of public service obligations.

Article 24. Categories of public service obligations.

Section 2. The Universal Service.

Article 25. Concept and scope of application.

Article 26. Designation of operators responsible for the provision of universal service.

Article 27. Cost and funding of universal service.

Section 3. Other public service obligations.

Article 28. Other public service obligations.

Chapter II. Rights of operators and deployment of public electronic communications networks.

Section 1. Rights of the operators to the occupation of the public domain, to be beneficiaries in the procedure of forced expropriation and to the establishment in their favor of easements and limitations to the property

Article 29. Right of occupation of private property.

Article 30. Right of occupation of the public domain.

Article 31. Regulations applicable to the occupation of public domain and private property.

Article 32. Shared location and shared use of public or private property.

Article 33. Other easements and limitations to the property.

Section 2. Public administration regulations affecting the deployment of public electronic communications networks.

Article 34. Collaboration between public administrations in the deployment of public electronic communications networks.

Article 35. Mechanisms for collaboration between the Ministry of Industry, Energy and Tourism and public administrations for the deployment of public electronic communications networks.

Article 36. Provision of electronic communications infrastructures in urbanisation projects and in civil works financed from public resources.

Section 3. Access to infrastructure capable of hosting public electronic communications networks.

Article 37. Access to infrastructures that are capable of hosting public electronic communications networks.

Article 38. Access to or use of electronic communications networks owned by the bodies or entities managing the transport infrastructure of the state.

Chapter III. Confidentiality of communications and protection of personal data and public rights and obligations linked to electronic communications networks and services

Article 39. Secret of communications.

Article 40. Interception of electronic communications by technical services.

Article 41. Protection of personal data.

Article 42. Conservation and disposal of data relating to electronic communications and public communications networks.

Article 43. Encryption on electronic communications networks and services.

Article 44. Integrity and security of electronic communications networks and services.

Chapter IV. Common infrastructure and electronic communications networks in buildings.

Article 45. Common infrastructure and electronic communications networks in buildings.

Chapter V. End User Rights

Article 46. Rights of end users of electronic communications services.

Article 47. Specific rights of the end users of publicly available electronic communications networks and services.

Article 48. Right to the protection of personal data and privacy in relation to unsolicited communications, traffic and location data, and to subscriber guides.

Article 49. Subscriber guides.

Article 50. Quality of service.

Article 51. Access to numbers or services.

Article 52. Regulation of basic conditions of access by persons with disabilities.

Article 53. Contracts.

Article 54. Transparency and publication of information.

Article 55. Dispute resolution.

Title IV. Assessment of the conformity of equipment and appliances

Article 56. Technical normalization.

Article 57. Assessment of compliance.

Article 58. Mutual recognition.

Article 59. Conditions to be met by installations and installers.

Title V. Radio Public Domain

Article 60. From the administration of radio public domain.

Article 61. Government powers for the administration of radio public domain.

Article 62. Enabling titles for the use of radio public domain.

Article 63. Enabling titles granted by a tender procedure.

Article 64. Duration, modification, extinction and revocation of the enabling titles for the use of radio public domain.

Article 65. Active protection of radio public domain.

Article 66. Technological and service neutrality in the use of radio public domain.

Article 67. Secondary market in radio public domain.

Title VI. The administration of telecommunications.

Article 68. Powers of the General Administration of the State and its public bodies.

Article 69. Ministry of Industry, Energy and Tourism.

Article 70. The National Commission on Markets and Competition.

Title VII. Fees for telecommunications.

Article 71. Fees for telecommunications.

Title VIII. Inspection and sanctioning regime.

Article 72. Inspecting functions.

Article 73. Inspection powers.

Article 74. Liability for infringements in the field of telecommunications.

Article 75. Classification of the infringements.

Article 76. Very serious infringements.

Article 77. Serious infringements.

Article 78. Minor infractions.

Article 79. Penalties.

Article 80. Criteria for determining the amount of the penalty.

Article 81. Measures prior to the sanctioning procedure.

Article 82. Precautionary measures in the sanctioning procedure.

Article 83. Prescription.

Article 84. Sanctioning powers.

Additional disposition first. Meaning of the terms used by this Act.

Additional provision second. Limitations and easements.

Additional provision third. Implementation of the regulatory legislation for common infrastructure in buildings.

Additional provision fourth. Confidential information.

Additional provision fifth. The Advisory Board of Telecommunications and the Information Society.

Additional provision sixth. Periodic penalty payments.

Additional provision seventh. Obligations in respect of conditional access, access to certain broadcasting and television services, wide format television and transmission obligations.

Additional disposition octave. Notification mechanism.

Additional provision ninth. Report on the obligations to be imposed on public network operators or publicly available electronic communications services.

Additional provision 10th. Establishment of the Interministerial Commission on Radio frequencies and health.

Additional provision eleventh. Essential parameters and technical requirements to ensure the functioning of the various electronic communications networks and services.

Additional disposition twelfth. Application of the Tax General Law.

Additional disposition thirteenth. Publication of events.

Additional disposition fourteenth. Coordination of public support for broadband and the development of digital economy and employment and new digital services.

Additional provision 15th. Media allocation to the General Administration of State and personnel integration of the National Markets and Competition Commission.

Additional provision sixteenth. The business public entity Red.es.

Additional 17th disposition. Innovation in the field of information and communications technologies.

18th additional disposition. Universalisation of ultra-fast broadband.

Additional 19th disposition. Radio-amateur radio stations.

First transient disposition. Regulations prior to the entry into force of this Act.

Second transient disposition. Adaptation of operators directly or indirectly controlled by public administrations to the scheme provided for in Article 9.

Transitional provision third. Conditions attached to concessions for the use of radio public domain.

Transitional disposition fourth. Restrictions on the principles of technological neutrality and services in the enabling titles for the use of radio spectrum for the provision of electronic communications services.

Transient disposition fifth. Provision of certain services referred to in Article 28.

Transitional disposition sixth. Transitional arrangements for the fixing of the fees set out in Annex I to this Act.

Transitional disposition seventh. Requests for authorizations or administrative licenses previously made.

Transient disposition octave. Operator registration.

transient disposition ninth. Adaptation of the rules and instruments of territorial or urban planning developed by the competent public administrations that affect the deployment of public electronic communications networks.

Transient disposition tenth. Transitional performance of functions by the National Commission on Markets and Competition.

Transient disposition eleventh. Procedures initiated prior to the entry into force of this Law.

Transient Disposition twelfth. Transitional arrangements for radio stations or radio infrastructures for the provision of electronic communications services available to the public for the installation of which a licence or authorisation application would have been submitted.

Single repeal provision. Regulatory repeal.

Final disposition first. Amendment of Law 13/2011, of May 27, of regulation of the game.

Final disposition second. Amendment of Law 34/2002 of 11 July on services of the information society and electronic commerce.

Final disposition third. Amendment of Law 38/1999, of 5 November, of Ordination of the Building.

Final disposition fourth. Amendment of Law 25/2007 of 18 October on the retention of data relating to electronic communications and public communications networks.

Final disposition fifth. Amendment of royal decree-law 1/1998 of 27 February on common infrastructure in buildings for access to telecommunications services.

Final disposition sixth. Amendment of Law 59/2003 of 19 December, electronic signature.

Final disposition seventh. Amendment of Law 7/2010 of 31 March, General of Audiovisual Communication.

Final disposition octave. Regulation of the conditions under which the bodies or entities managing the transport infrastructure of the State shall permit the occupation of the public domain which they manage and the private ownership of which are the holders.

Final disposition ninth. Constitutional Foundation.

Final disposition tenth. Development competencies.

Final disposition eleventh. Entry into force.

Annex I. Telecommunications fees.

1. General rate of operators.

2. Rates by numbering, routing, and naming.

3. Fee for radio public domain reservation.

4. Telecommunications charges.

5. Management and voluntary collection of fees.

Annex II. Definitions.

TITLE I

General provisions

Article 1. Purpose and scope of the Law.

1. The scope of this Law is the regulation of telecommunications, which includes the exploitation of networks and the provision of electronic communications services and associated resources, in accordance with Article 149.1.21. of the Constitution.

2. Audiovisual media services, audiovisual content transmitted through the networks, as well as the basic system of the social media of the audiovisual nature to which it refers are excluded from the scope of this Law. Article 149.1.27. of the Constitution.

Also, services that supply content transmitted through electronic communications networks and services, activities that consist of the exercise of editorial control over the period of the editorial control, are excluded from the scope of this Law. the contents and services of the Information Society, regulated in Law 34/2002, of July 11, of Services of the Information Society and of Electronic Commerce, which do not consist, in their entirety or mainly, in the transport of signals through electronic communications networks.

Article 2. Telecommunications as services of general interest.

1. Telecommunications are services of general interest which are provided under free competition.

2. They only have the public service consideration or are subject to public service obligations the services regulated in Article 4 and Title III of this Act.

The imposition of public service obligations will pursue the achievement of the objectives set out in Article 3 of this Law and may fall upon operators who obtain rights of occupation from the public domain or from the public domain. private property, rights of use of public radio, rights of use of public resources for numbering, routing or denomination or which have the status of operator with significant power in a given market reference.

Article 3. Objectives and principles of the Law.

The objectives and principles of this Law are as follows:

(a) Promoting effective competition in the telecommunications markets to maximise the benefits for businesses and consumers, mainly in terms of lowering prices, quality of services and innovation, taking due account of the variety of conditions for competition and consumers in the various geographical areas, and ensuring that there is no distortion or restriction of competition on the holding of networks or in the provision of electronic communications services, including content transmission.

b) Develop the economy and digital employment, promote the development of the telecommunications sector and all new digital services that new ultra-fast networks allow, driving social cohesion and territorial, through the improvement and extension of networks, as well as the provision of electronic communications services and the provision of the resources associated with them.

c) Promote the deployment of networks and the provision of electronic communications services, promoting connectivity and end-to-end interoperability and their access, in conditions of equality and non-discrimination.

d) Promote the development of the telecommunications products and equipment industry.

e) Contribute to the development of the internal market for electronic communications services in the European Union.

f) Promote efficient investment in infrastructure including, where appropriate, infrastructure-based competition, fostering innovation and taking due account of the risks incurred by businesses inverters.

g) Make possible the effective use of limited telecommunications resources, such as numbering and radio spectrum, and adequate protection of the latter, and access to the rights of occupation of public property and private.

h) Encourage, as far as possible, technological neutrality in regulation.

i) Ensuring compliance with public service obligations in the operation of networks and the provision of electronic communications services referred to in Title III, in particular universal service.

j) Defend users ' interests, ensuring their right to access to electronic communications services under appropriate conditions of choice, price and good quality, promoting the capacity of end users to access and distribute the information or use the applications and services of your choice, in particular through open access to the Internet. In the provision of these services, the constitutional imperatives of non-discrimination, respect for the rights of honour and privacy, the protection of youth and children, the protection of personal data and the protection of personal data must be safeguarded. secret in communications.

k) Safeguarding and protecting in the telecommunications markets the satisfaction of the needs of specific social groups, persons with disabilities, elderly persons, persons in a situation of dependence and users with special social needs, taking into account the principles of equal opportunities and non-discrimination. As regards access to the electronic communications services of persons in a situation of dependency, compliance with the relevant standards or specifications relating to technical standardisation published in accordance with Article 3 (1) shall be encouraged. the Community rules.

l) Facilitate the access of disabled users to electronic communications services and the use of terminal equipment.

Article 4. Telecommunications services for national defence, public security, road safety and civil protection.

1. Only the services regulated in this article have the public service consideration.

2. The networks, services, installations and telecommunications equipment that carry out activities essential to the national defense integrate the means destined to it, are reserved to the State and are governed by its specific regulations.

3. The Ministry of Industry, Energy and Tourism is the body of the General Administration of the State with competence, in accordance with the specific legislation on the matter and established in this Law, to execute, to the extent that it affects it, national defence policy in the telecommunications sector, with due coordination with the Ministry of Defence and following the criteria set by the Ministry of Defence.

In the framework of civil defense related functions, it is up to the Ministry of Industry, Energy and Tourism to study, plan, schedule, propose and implement how many measures are related to their contribution to the defense national in the field of telecommunications.

To this end, the Ministries of Defense and Industry, Energy and Tourism will coordinate the planning of the Armed Forces ' telecommunications system, in order to ensure, as far as possible, its compatibility with the civil services. They shall also draw up precise technical coordination programmes to facilitate the harmonisation, approval and use, joint or indistinct, of civil and military means, systems and networks in the field of telecommunications. For the study and report of these matters, the interministerial bodies considered appropriate shall be constituted, with the composition and competence to be determined by royal decree.

4. In the areas of public security, road safety and civil protection, in its specific connection with the use of telecommunications, the Ministry of Industry, Energy and Tourism will cooperate with the Ministry of the Interior and with the responsible for the autonomous communities with powers over those matters.

5. Movable or immovable property linked to the centres, establishments and agencies concerned with the operation of the networks and the provision of telecommunications services shall be provided with security, surveillance and security measures and systems. the dissemination of information, risk prevention and protection to be determined by the Government, on the proposal of the Ministries of Defence, Interior or Industry, Energy and Tourism, within the scope of their respective competences. These measures and systems must be available in situations of normality or crisis situations, as well as in the cases mentioned in Organic Law 4/1981, of 1 June, regulating the States of Alarm, Exception and Site, and in the Law 2/1985, of 21 January, of Civil Protection.

6. The Government, by way of exception and transition, may agree to the assumption by the General Administration of the State of direct management of certain services or the operation of certain electronic communications networks, according to the recused text of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, to guarantee public security and national defense. Also, in the event of non-compliance with the public service obligations referred to in Title III of this Law, the Government, prior to the mandatory report of the National Commission on Markets and Competition, and also with a exceptional and transitional, may be agreed by the General Administration of the State of direct management of the corresponding services or the operation of the corresponding networks. In the latter case, it may, under the same conditions, intervene in the provision of electronic communications services.

The agreements to assume the direct management of the service and to intervene or to intervene or to exploit the networks referred to in the preceding paragraph shall be adopted by the Government on its own initiative or at the request of the a competent public administration. In the latter case, it shall be necessary for the public administration to have competence in matters of security or for the provision of public services affected by the abnormal operation of the service or the electronic communications network. If the procedure is initiated at the request of an Administration other than that of the State, it shall be considered to be of interest and may be able to withdraw the report in advance of the final decision.

7. The regulation contained in this Law is without prejudice to the provisions of the specific regulations on telecommunications related to public security and national defense.

TITLE II

Exploitation of networks and provision of electronic communications services on a free competition basis

CHAPTER I

General provisions

Article 5. Applicable principles.

1. The exploitation of the networks and the provision of electronic communications services shall be carried out under free competition without any limitations other than those laid down in this Law and its implementing rules.

2. The acquisition of the rights of use of the public domain radio, of occupation of the public domain or of the private property and of the resources of numbering, routing and naming necessary for the exploitation of networks and for the The provision of electronic communications services shall be carried out in accordance with the provisions of this Law and shall not be covered by its specific rules.

3. The measures to be taken in relation to the access to or use by the end users of services and applications through electronic communications networks shall respect fundamental rights and freedoms, as guaranteed in the the European Convention for the Protection of Human Rights and Fundamental Freedoms, in the Charter of Fundamental Rights of the European Union, in the general principles of Community law and in the Spanish Constitution.

Any such measures relating to access to or use by end users of services and applications through electronic communications networks, which is liable to restrict those rights and fundamental freedoms may be imposed only if it is appropriate, proportionate and necessary in a democratic society, and its application shall be subject to appropriate procedural safeguards in accordance with the rules referred to in the paragraph previous. Such measures may therefore be adopted only in accordance with the principle of the presumption of innocence and the right to private life, by means of a preliminary, fair and impartial procedure, which shall include the right of the persons concerned to be without prejudice to the conditions and appropriate procedural arrangements in duly justified cases of urgency, in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. The right to effective and timely judicial protection will also be guaranteed.

Article 6. Requirements for the operation of the networks and the provision of electronic communications services.

1. They may exploit networks and provide electronic communications services to third parties, the natural or legal persons of a Member State of the European Union or of another nationality, where, in the second case, the latter is provided for in the agreements. International relations with the Kingdom of Spain. For the rest of natural or legal persons, the Government may authorise exceptions of a general or particular nature to the previous rule.

2. Those interested in the operation of a particular network or in the provision of a particular electronic communications service shall, prior to the start of the activity, inform the Register of operators in advance of the operation. to be determined by royal decree, subject to the conditions laid down for the exercise of the activity they intend to carry out.

Without prejudice to the provisions for operators controlled directly or indirectly by public administrations in Article 7, those who operate networks and provide communications services are exempted from this obligation. Electronic delivery system.

Article 7. Operator registration.

1. It is created, under the Ministry of Industry, Energy and Tourism, the Register of Operators. This register will be of a public nature and its regulation will be made by royal decree. It shall be ensured that access to that register can be carried out by electronic means. It shall include data relating to natural or legal persons who have notified their intention to operate networks or to provide electronic communications services, the conditions for the development of the activity and their modifications.

2. Where the Register of Operators finds that the notification referred to in paragraph 2 of the preceding Article does not meet the requirements laid down, it shall give a reasoned decision within a maximum of 15 working days, not taking into account that.

3. Public administrations shall communicate to the Register of Operators any project for the installation or operation of electronic communications networks under self-provision making use of the public domain, whether such installation or operation is to be carried out directly or through any entity or company. By means of a royal decree, those assumptions may be specified in that, in the light of the characteristics, the dimension of the network planned or the nature of the services to be provided, it is not necessary to carry out such communication.

4. Those who are selected for the provision of harmonised electronic communications services in tendering procedures called by the institutions of the European Union shall be registered as an official in the Register of Operators.

5. The consent of the data subject shall not be required for the processing of personal data to be contained in the Register or for the communication of such data resulting from its advertising.

Article 8. Conditions for the provision of services or the operation of electronic communications networks.

1. The operation of the networks and the provision of electronic communications services shall be subject to the conditions laid down in this Law and its implementing rules, including those for the protection of the rights of the end users.

2. In accordance with the principles of objectivity and proportionality, the Government may amend the conditions imposed after the hearing of the interested parties, the Consumers ' Council and the Users and, where appropriate, the most representative associations of the remaining users, and report of the National Commission on Markets and Competition. The amendment shall be carried out by means of a royal decree, stating the justification on which it is based and setting a time limit for the operators to adapt to it.

3. Public or private entities which, in accordance with existing legislation, have special or exclusive rights for the provision of services in another economic sector and which operate public networks or provide communications services (a) the electronic communications activities of the public must be kept separate and audited for their electronic communications activities, or a structural separation shall be established for the activities associated with the operation of networks or the provision of electronic communications services. By means of a royal decree the exemption from this obligation may be established for entities whose annual gross operating income from activities associated with electronic communications networks or services is less than 50 million. euro.

Article 9. Installation and operation of public networks and the provision of electronic communications services under the provision to third parties by public administrations.

1. The installation and operation of public networks or the provision of electronic communications services under the provision to third parties by operators directly or indirectly controlled by public authorities shall be governed in a manner specified by the provisions of this Article.

2. The installation and operation of public networks or the provision of electronic communications services under the provision to third parties by operators directly or indirectly controlled by public authorities shall be carried out by compliance with the principle of private investor, with due separation of accounts, in accordance with the principles of neutrality, transparency, non-distortion of competition and non-discrimination, and complying with the State aid rules refer to Articles 107 and 108 of the Treaty on the Functioning of the European Union.

By royal decree, after the National Commission of the Markets and Competition report, conditions will be determined in which operators controlled directly or indirectly by public administrations will have to the installation and operation of public networks or the provision of electronic communications services under the provision to third parties and, in particular, the criteria, conditions and requirements for such operators to act subject to Private investor principle. In particular, in that royal decree the cases in which, by way of derogation from the requirement for action under the principle of private investor, operators controlled directly or indirectly by public administrations, are to be established. may install and operate public networks and provide electronic communications services under the provision to third parties which do not distort competition or where market failure is confirmed and there is no interest in the deployment of such services of the private sector by absence or insufficient private investment, adjusting the public investment in the principle of need, in order to ensure the necessary territorial and social cohesion.

3. A Public Administration may only install and operate public electronic communications networks or provide electronic communications services under the provision of services to third parties through entities or companies which have their object social or objective the installation and operation of networks or the provision of electronic communications services.

The installation or operation of public electronic communications networks and the provision of electronic communications services under the provision of services to third parties by the bodies or entities of infrastructure managers State competition shall be carried out under the conditions laid down in Article 38 of this Law.

4. The installation and operation of public networks or the provision of electronic communications services under the provision to third parties by operators controlled directly or indirectly by public authorities shall be carried out in the conditions laid down in Article 8, and in particular the following conditions:

(a) Operators have a direct recognition of the right to access on neutral, objective, transparent, fair and non-discriminatory conditions to the associated infrastructure and resources used by operators directly or indirectly controlled by public administrations for the installation and operation of electronic communications networks.

(b) Operators have a direct recognition of the right of shared use of electronic communications network infrastructures and their associated facilities installed by operators directly or indirectly controlled by the public administrations under neutral, objective, transparent, fair and non-discriminatory conditions.

(c) If public administrations or holders of the public domain hold the ownership, in whole or in part, or exercise the direct or indirect control of operators operating public electronic communications networks or electronic communications services available to the public, shall maintain a structural separation between those operators and the bodies responsible for regulating and managing the rights of use of the public domain corresponding.

Article 10. Obligations for the provision of information.

1. National Telecommunications Regulatory Authorities may, in the field of their action, require natural or legal persons to operate networks or to provide electronic communications services, as well as to those other actors to intervene in this market, the information necessary for the fulfilment of any of the following purposes:

a) Meet statistical or analytical needs and for the elaboration of sectoral monitoring reports.

b) Check compliance with the conditions laid down for the provision of services or the operation of electronic communications networks, in particular where the operation of the networks involves emissions radio.

c) Check that the provision of services or the operation of electronic communications networks by operators directly or indirectly controlled by public administrations fulfil the conditions laid down by this Act and its implementing rules.

d) Evaluate the provenance of rights to use radio and radio public domain use rights.

e) Check the effective and efficient use of frequencies and numbers and the fulfilment of obligations resulting from the rights of use of the public radio domain, numbering, routing and naming or occupation of the public domain or private property.

(f) Develop analyses to enable the definition of the relevant markets, the establishment of specific conditions for operators with significant market power in those markets and the way in which future developments will take place. In the case of a network or services, it may have an impact on the wholesale services which undertakings make available to their competitors. Companies with significant power in wholesale markets may also be required to provide accounting data on the retail markets associated with those wholesale markets.

g) Check compliance with the specific obligations imposed in the framework of ex ante regulation and compliance with decisions issued to resolve conflicts between operators.

h) Check compliance with public service obligations and public obligations, as well as determine the operators responsible for providing the universal service.

i) Check compliance with obligations that are necessary to ensure equivalent access for end users with disabilities and that they benefit from the choice of companies and services available to most end users.

j) The making available to citizens of information or interactive applications that make it possible to make comparisons on prices, coverage and quality of services, in the interests of users.

k) The adoption of measures to facilitate the co-location or sharing of public electronic communications network elements and associated resources.

l) Assess the integrity and security of electronic communications networks and services.

m) Meet the requirements that come with tax in the legal order.

n) Check compliance with the other obligations arising from this Act.

o) efficiently plan the use of public funds intended, if any, for the deployment of telecommunications infrastructures.

This information, except the information referred to in paragraphs (d) and (o), may not be required prior to the commencement of the activity and shall be provided within the period and form to be established in each of the circumstances of the case. The National Regulatory Authorities shall ensure the confidentiality of the information provided that may affect the security and integrity of the electronic communications services and networks or the business secret or industrial.

2. Public administrations may request the information necessary for the exercise of their powers.

Public administrations, before requesting telecommunications information from natural or legal persons operating networks or providing electronic communications services for the exercise of their functions, they shall obtain such information from the National Regulatory Authorities. Only if the National Regulatory Authorities do not have the requested information or the information cannot be provided when they are confidential for reasons of security or commercial or industrial secrecy, the organs The competent authorities of the public authorities may request such information on telecommunications from natural or legal persons operating networks or providing electronic communications services.

3. Requests for information made in accordance with the preceding paragraphs shall be reasoned and proportionate to the intended purpose.

Article 11. Technical standards.

1. The Ministry of Industry, Energy and Tourism will encourage the use of the standards or technical specifications identified in the relationship that the European Commission draws up as a basis for promoting the harmonisation of the supply of communications networks. electronic communications services and associated resources and services, in particular in the areas of access and interconnection.

In particular, it shall ensure the use of the standards or technical specifications the application of which is declared mandatory by the European Commission, in accordance with the provisions of European Union legislation, to the extent necessary to ensure the interoperability of services and to enhance the freedom of choice of users.

In the absence of such standards or specifications will promote the application of international standards or recommendations approved by the International Telecommunication Union (ITU), the European Conference of Administrations Postal and Telecommunications (CEPT), the International Commission for Standardisation (ISO) and the International Electrotechnical Commission (IEC).

By means of a royal decree, the forms of preparation and, where appropriate, the adoption of the technical specifications applicable to electronic communications networks and services, in particular for the purpose of ensuring the compliance with requirements for the deployment of networks, public service obligations, interoperability, integrity and security of networks and services.

By royal decree the procedure of communication of the said specifications will be established to the European Commission in accordance with the European Union regulations.

2. The National Markets and Competition Commission shall also encourage and ensure the use of the technical standards or specifications in the terms set out in the previous paragraph in the exercise of their functions of ex ante and de conflict resolution between operators.

CHAPTER II

Access to the associated networks and resources and pipeline

Article 12. General principles applicable to access to and interconnection of associated networks and resources.

1. This chapter and its regulatory development shall be applicable to the interconnection and access to public electronic communications networks and their associated resources, unless the beneficiary of the access is a final user, according to the a definition given to the concepts of access and interconnection in Annex II to this Law.

2. Operators of public electronic communications networks shall have the right and, where requested by other operators of electronic communications networks, the obligation to negotiate the mutual interconnection in order to provide services of electronic communications available to the public, in order to ensure the provision of services and their interoperability.

3. There will be no restrictions that prevent operators from entering into access and interconnection agreements.

4. The natural or legal person empowered to operate networks or to provide services in another Member State of the European Union requesting access or interconnection in Spain shall not need to carry out the notification referred to in Article 6 of the Law when it does not exploit networks or provide electronic communications services in the national territory.

5. Without prejudice to any measures which may be taken in relation to undertakings which have significant market power in accordance with Article 14 of this Law, the National Markets and Competition Commission may to intervene in relations between operators or between operators and other entities benefiting from the obligations of access and interconnection, at the request of any of the parties involved, or of trade where justified, with a view to to promote and, where appropriate, ensure the adequacy of access, interconnection and interoperability of the services, as well as the achievement of the objectives set out in Article 3. The decision of the National Markets and Competition Commission shall be binding and shall be adopted within the time limit set out in Law No 3/2013 of the establishment of that Commission.

6. The obligations and conditions imposed in accordance with this Chapter shall be objective, transparent, proportionate and non-discriminatory.

7. Operators who obtain information from others, before, during or after the process of negotiation of access or interconnection agreements, shall place such information exclusively for the purposes for which they were provided and respect at all times the confidentiality of the information transmitted or stored, in particular with respect to third parties, including other departments of the company itself, subsidiaries or associates.

CHAPTER III

Ex-ante market regulation and conflict resolution

Article 13. Relevant markets and operators with significant market power.

1. The National Commission on Markets and Competition, taking into account the European Commission Recommendation on relevant markets, the European Commission Guidelines for the analysis of markets and the determination of operators with power Significant in the market and the relevant opinions and common positions adopted by the Body of European Regulators for Electronic Communications (BEREC), will define, after a report by the Ministry of Industry, Energy and Tourism and the Ministry of Economy and Competitiveness and by resolution published in the Official Journal of the European "State" means the reference markets for electronic communications networks and services, including the relevant wholesale and retail reference markets, and the geographical scope of those markets, whose characteristics may justify the imposition of specific obligations.

In any case, the National Commission of the Markets and the Competition, in application of the competition rules, in particular, of the Law 15/2007, of July 3, of the Defense of the Competition, of the articles 101 and 102 of the Treaty on the Functioning of the European Union and Law No 3/2013 on the establishment of the Commission shall monitor the functioning of the various electronic communications markets, as well as the activity of operators whether or not they have power significant in the market, in order to preserve, guarantee and promote conditions of effective competition in same.

2. In addition, taking into account the references mentioned in the previous paragraph, the National Markets and Competition Commission will carry out an analysis of these markets:

(a) Within a maximum period of three years since the adoption of an earlier measure relating to that market. However, in exceptional circumstances, this period may be extended to a maximum of three additional years where the national regulatory authorities have notified a proposal for a reasoned extension to the European Commission and has not done so. no objection within one month of the notified extension.

(b) Within a maximum of two years from the adoption of a revised relevant market recommendation, for markets not previously notified to the European Commission.

If the National Commission on Markets and Competition had not concluded its analysis of a relevant market contained in the relevant Market Recommendation within the time limits, BEREC will provide the relevant market assistance, at the request of the Commission itself, for the conclusion of the analysis of the specific market and the determination of the specific obligations to be imposed. The National Commission for Markets and Competition, with this collaboration, will notify the draft measure to the European Commission within six months.

The Ministry of Industry, Energy and Tourism, pursuant to the provisions of Article 5.2 of Law No 3/2013, may request the National Commission of the Markets and the Competition to carry out the analysis of a market (a) a particular reference to electronic communications where reasons of general interest are present, or if there is evidence of a lack of effective competition.

The National Markets and Competition Commission, in the annual or multi-annual action plans it approves and in which it must state its objectives and priorities within the meaning of Article 20.16 of Law No 3/2013, it shall identify the relevant markets to be analysed and the actions necessary for the proper conduct of such analysis within the time limits provided for in this paragraph.

The President of the National Markets and Competition Commission, within the framework of the annual parliamentary control referred to in Article 39.1 of Law No 3/2013, must account for the outcome of the market analysis and compliance with the deadlines set out in this paragraph.

3. The analysis referred to in the preceding paragraph shall be designed to determine whether the different reference markets are developed in an effective competition environment. If not, the National Commission of the Markets and the Competition after report of the Ministry of Industry, Energy and Tourism and of the Ministry of Economy and Competitiveness, will identify and make public the operator or operators that own a significant power in each market considered.

When an operator or operators have, individually or jointly, significant power in a relevant market (primary market), the National Markets and Competition Commission may declare that they have significant power in another market. the market for reference closely related to the former (secondary market) where the links between the two are such as to be possible to exercise on the secondary market the weight of the primary market, thereby reinforcing the power in the market of the operator. In this case, appropriate specific obligations may be imposed on the secondary market under the following paragraph.

4. In those markets where the absence of an effective competition environment, the National Commission on Markets and Competition is established, a report from the Ministry of Industry, Energy and Tourism and the Ministry of Economy and Competitiveness, it will impose appropriate specific obligations that will be required of operators identified as operators with significant power in those markets. It may be able to maintain or amend specific obligations imposed on them. In the determination of these specific obligations preference shall be given to measures in wholesale markets in respect of the actions in the corresponding retail markets.

The specific obligations referred to in the preceding paragraphs shall be based on the nature of the identified problem, shall be proportionate and shall be justified in the fulfilment of the objectives of Article 3 of this Law. Such obligations shall remain in force for the time strictly necessary.

5. In the markets in which there is an effective competition, the National Markets and Competition Commission will abolish the specific obligations which, where appropriate, the operators would have imposed for having been declared with significant power in such markets.

Article 14. Specific obligations applicable to operators with significant power in reference markets.

1. The National Markets and Competition Commission, in the form and under the conditions to be determined in accordance with paragraph 5 of this Article, may impose on operators who, in accordance with that Article, have been declared with Significant market power obligations in the field of:

(a) Transparency, in relation to interconnection and access, in accordance with which operators shall make certain types of information, such as accounting, technical specifications, characteristics, to be made public of the networks, conditions of supply and use, including, where appropriate, conditions which could limit access to or use of services or applications, as well as prices. In particular, where a non-discrimination obligations are imposed on an operator in accordance with point (b), it may be required to publish a reference offer.

It will also be ensured that the operators to whom obligations under point (d) are imposed in relation to wholesale access to the infrastructure of the network are provided with a reference offer. By royal decree, the minimum content of elements to be considered by that offer will be established.

(b) Non-discrimination, which shall ensure, in particular, that the operator applies equivalent conditions in circumstances similar to other operators providing equivalent services and provides third-party services and information of the same quality as those it provides for its own services or those of its subsidiaries or associates and under the same conditions.

c) Separation of accounts, in the format and with the methodology that, if any, are specified.

d) Access to specific elements or resources of networks and their use, as well as resources and associated services such as identity, location and presence services.

(e) Price control, such as price fixing, price guidance on the basis of costs and the establishment of cost accounting, with a view to ensuring the formation of competitive prices and avoiding excessive prices and non-competitive margins to the detriment of end users. The National Markets and Competition Commission will ensure that these price control mechanisms are put in place to promote effective competition and benefits for consumers and users in terms of prices and quality. of the services. In order to encourage investment by the operator, in particular in the next generation networks, the National Markets and Competition Commission will take into account the investment made, allowing a reasonable rate of return in relation to the relevant capital invested, taking into account all the specific risks of a new concrete investment project.

2. In exceptional and duly justified circumstances, the National Markets and Competition Commission, subject to the consultation mechanism provided for in the eighth additional provision, may impose specific obligations relating to: access or interconnection which is not limited to the matters listed in the previous paragraph.

3. Where the National Markets and Competition Commission considers that the specific access obligations laid down in paragraph 1 (d) of this Article should be imposed, the following shall be considered in particular: items:

(a) the technical and economic feasibility of using or installing competing resources in the light of the pace of market development, taking into account the nature and type of interconnection or access concerned, including the feasibility of other prior access products, such as access to pipelines,

b) the ability to provide the proposed access, relative to the available capacity,

(c) the initial investment of the owner of the resources, without forgetting the public investments made or the risks inherent in the investments,

d) the need to safeguard long-term competition, with particular attention to economically efficient infrastructure-based competition,

(e) where appropriate, the relevant intellectual property rights, and

f) the supply of pan-European services.

4. Where the National Markets and Competition Commission imposes specific obligations on an operator of public electronic communications networks to facilitate access, it may establish certain technical or operational conditions to the operator or beneficiaries of such access provided that this is necessary to ensure the normal functioning of the network, as established by means of a royal decree. The obligations to comply with specific technical standards or specifications shall be in accordance with the rules referred to in Article 11.

5. By royal decree, the government will identify the specific obligations that the National Commission of the Markets and the Competition will be able to impose on the markets of reference considered in this article and will determine the conditions for its imposition, modification, or deletion.

Article 15. Conflict resolution.

1. The National Markets and Competition Commission shall resolve any disputes arising in connection with existing obligations under this Law and its rules of development between operators or between operators and other entities which benefit from the obligations of access and interconnection, in accordance with the definition given to the concepts of access and interconnection in Annex II to this Law.

The National Commission of the Markets and Competition, after hearing the parties, will make binding resolution on the extreme objects of the conflict, within the period indicated in the Law of Creation of this Commission, without prejudice to provisional measures may be taken until the final decision is made.

2. In the event of a cross-border conflict in which one of the parties is located in another Member State of the European Union, the National Markets and Competition Commission, in the event that either party so requests, coordinate, in terms of the actual decree, their efforts to find a solution to the conflict with the other or other national regulatory authorities concerned.

The National Commission on Markets and Competition may request that BEREC adopt an opinion on the measures to be taken to resolve the dispute.

When such a request has been transmitted to BEREC, the National Markets and Competition Commission should await the opinion of BEREC before taking action to resolve the dispute. This shall not constitute an obstacle for the National Markets and Competition Commission to take urgent action if necessary.

Any obligation imposed on a company by the National Commission on Markets and Competition in the resolution of a dispute must take into account as much as possible the opinion adopted by BEREC.

CHAPTER IV

Functional Separation

Article 16. Mandatory functional separation.

1. Where the National Markets and Competition Commission concludes that the specific obligations imposed pursuant to Article 14 have not been sufficient to achieve effective competition and that there is still a need for competition, the significant and persistent competition concerns or market failures in relation to wholesale markets for access products, may decide to impose, as an exceptional measure, operators with significant power in the integrated market vertically, from the obligation to transfer the activities related to the supply to the by greater of access products to an independently acting business unit.

This business unit will supply access products and services to all companies, including other business units of the parent company, on the same terms, terms and conditions, in particular as regards price and service levels, and using the same systems and processes.

The imposition of the functional separation obligation provided for in this Article shall be without prejudice to the structural measures that may be taken in application of the competition rules.

2. Where the National Commission on Markets and Competition proposes to impose a functional separation obligation, it shall draw up a proposal including:

a) reasons to justify the conclusions reached,

b) reasons why there is little, or none, of infrastructure-based competition within a reasonable time frame,

(c) an analysis of the expected impact on the regulatory authority, on the company, particularly as regards the employees of the separate undertaking and the electronic communications sector as a whole, on incentives to invest in the sector as a whole, in particular as regards the need to ensure social and territorial cohesion, as well as other stakeholders, including in particular the expected impact on the sector. competition in infrastructure and any potential negative effects on consumers, and

d) an analysis of the reasons why this obligation is the most appropriate means of applying solutions to the identified competition problems or market failures.

3. The measure project will include the following elements:

(a) the precise nature and extent of the separation, specifying in particular the legal status of the separate business entity,

b) an indication of the assets of the separate business entity and of the products or services to be supplied by this entity,

(c) the governance mechanisms to ensure the independence of the staff employed by the separate business entity and the corresponding incentive structure,

d) the rules to ensure compliance with obligations,

e) the rules to ensure the transparency of operational procedures, in particular for other stakeholders, and

f) a follow-up programme to ensure compliance, including the publication of an annual report.

4. The proposal for the imposition of the functional separation obligation, once the Ministry of Industry, Energy and Tourism and the Ministry of Economy and Competitiveness, as National Regulatory Authorities identified in paragraph 1 of the Article 68, have issued a report on the same, shall be submitted to the European Commission.

5. Following the decision of the European Commission, the National Markets and Competition Commission will carry out, in accordance with the procedure laid down in Article 13, a coordinated analysis of the various markets related to the European Commission's access. On the basis of its assessment, following a report by the Ministry of Industry, Energy and Tourism and the Ministry of Economy and Competitiveness, the National Markets and Competition Commission will impose, maintain, amend or abolish the corresponding specific obligations.

Article 17. Voluntary functional separation.

1. In the event that a company designated as having significant power in one or more relevant markets intends to transfer its local access network assets, or a substantial part thereof, to a separate legal person from different ownership, or set up a separate business entity to supply all retail suppliers, including their own retail divisions, fully equivalent access products, to report prior to the Ministry of Industry, Energy and Tourism, Ministry of Economy and Competitiveness and the National Commission on Markets and Competition. The companies will also inform the Ministry of Industry, Energy and Tourism, the Ministry of Economy and Competitiveness and the National Commission of the Markets and the Competition of any change of that purpose, as well as of the final result of the separation process.

2. In the event of voluntary functional separation, the National Markets and Competition Commission will assess the effect of the planned transaction on the regulatory obligations imposed on that entity, by carrying out in accordance with the procedure laid down in Article 14, a coordinated analysis of the various markets related to the access network. On the basis of its assessment, following a report by the Ministry of Industry, Energy and Tourism, the National Markets and Competition Commission shall impose, maintain, amend or abolish the specific obligations relating thereto.

Article 18. Additional specific obligations to functional separation.

Companies that have been imposed or have decided on functional separation may be subject to any of the specific obligations listed in Article 14 in any relevant market where they have been designated as having significant power in the market.

CHAPTER V

Numbering, routing, and naming

Article 19. General principles.

1. The electronic communications services available to the public will provide the numbers, addresses and names needed to enable their effective delivery, taking this into account in the national plans. and in their development provisions.

2. Without prejudice to the provisions of the previous paragraph, the regulation of internet domain names under the indicative country of Spain (". is") shall be governed by its specific rules.

3. It is up to the Government to approve the national numbering, routing and naming plans by royal decree, taking into account the applicable decisions taken within the international organisations and fora.

4. It is up to the Ministry of Industry, Energy and Tourism to draw up proposals for national plans for their elevation to the Government, and the normative development of these plans which will be able to establish conditions associated with the use of the public numbering, routing and naming resources, in particular the designation of the service for which these resources are to be used, including any requirements related to the provision of such service.

5. It is up to the Ministry of Industry, Energy and Tourism to grant the rights of use of the public resources regulated in the national numbering, routing and naming plans.

The procedures for granting these rights will be open, objective, non-discriminatory, proportionate and transparent. These procedures will be established by royal decree.

Decisions on the granting of rights of use shall be adopted, communicated and made public within the maximum period of three weeks from the receipt of the complete application, except where procedures are applied. comparative or competitive selection, in which case the maximum period shall be six weeks from the end of the time limit for the receipt of tenders. After the maximum period has elapsed without the express resolution being notified, the request for administrative silence may be rejected. Also, decisions on the cancellation of rights of use will also be made public.

6. Operators providing telephone services available to the public or other services to carry out and receive calls to national telephone numbering plan numbers shall be required to submit calls to the numbering ranges. national telephone numbers and, where they allow international calls, the European telephone numbering space and other international numbering ranges, in the terms specified in the national numbering plans or in their provisions of development, without prejudice to the right of the user to disconnect certain services.

Operators providing telephone services available to the public or other services allowing international calls shall take appropriate measures to ensure that all calls are made from and to the public. for the European telephone numbering space, at rates similar to those applied to calls with origin or destination in other Community countries.

7. The granting of rights to use the public resources of numbering, addressing and naming regulated in the national plans shall not entail the granting of more rights than those of their use in accordance with what is established in this Law.

8. Operators who have been granted the right to use a number of numbers shall not be able to discriminate against other operators as regards the sequence of numbers used to give access to the services of those operators.

9. All operators and, where appropriate, manufacturers and traders shall be required to take the necessary measures to comply with the decisions to be taken by the Ministry of Industry, Energy and Tourism in the field of numbering, routing and naming.

10. The end users will have, in terms that determine the law of the law, access to the public resources regulated in the national plans. Such rules may provide, where justified, for the granting of rights of use for numbers, names or addresses to end-users for certain ranges which are defined in the national plans or in their provisions of development.

11. Operators who operate public communications networks or provide publicly available telephone services, provided that they are technically and economically possible, shall take the necessary measures to enable the end users to have access to services using non-geographical numbers in the European Union, and which may have access, irrespective of the technology and devices used by the operator, to all the numbers provided in the European Union, including the national numbering plans of the Member States, those of the European area of Telephone numbers, and the International Universal Call Numbers Free.

12. The government will support the harmonisation of certain numbers or sets of specific numbers within the European Union when this promotes the functioning of the internal market and the development of pan-European services.

Article 20. National plans.

1. The national plans and their development provisions shall designate the services for which the numbers and, where appropriate, addresses and corresponding names may be used, including any requirements relating to the provision of such services. services and the conditions associated with their use, which shall be proportionate and non-discriminatory. The national plans and their development provisions may also include the principles of pricing and the maximum prices that can be applied for the purpose of ensuring the protection of consumers.

2. The content of these plans and the content of the acts resulting from their development and management shall be public, except as regards matters likely to affect national security.

3. In order to comply with international obligations and recommendations or to ensure sufficient availability of numbers, addresses and names, the Minister of Industry, Energy and Tourism may, by order to be published with due prior to its entry into force, and prior to the mandatory report of the National Markets and Competition Commission, to amend the structure and organisation of the national plans or, in the absence of such plans or specific plans for each service, establish measures on the use of the necessary numerical and alphanumeric resources for the provision of services. Account shall be taken of the interests of the persons concerned and the costs of adaptation, which shall be derived from the operators and users.

4. National plans or their development provisions may establish competitive or comparative selection procedures for the granting of rights of use for numbers and names with exceptional economic value or which are particularly relevant. appropriate for the provision of certain services of general interest. These procedures shall respect the principles of publicity, competition and non-discrimination for all interested parties.

Article 21. Preservation of telephone numbers by subscribers.

1. Operators shall ensure, in accordance with Article 47, that subscribers with national telephone numbering plan numbers may, upon request, retain the numbers assigned to them, irrespective of the number of the national telephone numbers. operator that provides the service. By means of royal decree, the cases to which the conservation of numbers will be applied will be fixed, as well as the technical and administrative aspects necessary for it to be carried out. In application of this royal decree and its implementing rules, the National Commission of the Markets and the Competition may fix, by means of circular, characteristics and conditions for the conservation of the numbers.

2. The costs arising from the updating of the network elements and the systems necessary to enable the numbers to be preserved must be borne by each operator without the right to receive any compensation. The other costs incurred by the maintenance of the telephone numbers shall be distributed, through the appropriate agreement, between the operators affected by the change. In the absence of agreement, the National Commission on Markets and Competition will be resolved. The interconnection prices for the application of the conservation facilities for the numbers must be cost-oriented and, in the event of direct payments to the subscribers, must not in any case have any effect. disincentives for the use of such facilities.

Article 22. Harmonised numbers for harmonised European social value services.

1. The Ministry of Industry, Energy and Tourism will promote knowledge by the population of the European harmonised numbers starting with the 116 figures and will encourage the provision in Spain of the social value services for which they are reserved such numbers, making them available to those interested in their provision.

2. The Ministry of Industry, Energy and Tourism will take the relevant initiatives so that end users with disabilities can have the best possible access to the services provided through the European harmonised numbers starting by the figures 116. In the allocation of such numbers, the Ministry shall lay down the conditions to facilitate access to the services provided through them by the end users with disabilities.

These conditions may include, depending on the particular social value service concerned, the possibility of full communication through voice, text and video for people with sensory disabilities. are not excluded.

3. The public authorities responsible for the regulation or supervision of each of the services provided through the European harmonised numbers starting with the figures 116 will ensure that the public receives information. appropriate on the existence and use of these social value services.

TITLE III

Public service obligations and public rights and obligations in the operation of networks and in the provision of electronic communications services

CHAPTER I

Public Service Obligations

Section 1. Delimitation

Article 23. Delimitation of public service obligations.

1. This chapter aims to ensure the existence of publicly available electronic communications services, of adequate quality throughout the national territory through real competition and freedom of choice, and to deal with the the circumstances in which the needs of the end-users are not met in a satisfactory manner by the market.

2. Operators shall be subject to public service obligations and public service obligations in accordance with the provisions of this Title. Where public service obligations are imposed, in accordance with the provisions of this Chapter, the system established for the granting of public service determined by the recast of the Law on Contracts of the Public Sector, approved by the Royal Legislative Decree 3/2011 of 14 November.

3. Compliance with public service obligations in the operation of public networks and in the provision of electronic communications services for which they are required shall be carried out in compliance with the principles of equality, transparency, non-discrimination, continuity, adaptability, availability and permanence and in accordance with the terms and conditions that are determined by means of royal decree.

4. It is for the Ministry of Industry, Energy and Tourism to control and exercise the powers of the Administration in respect of public and public service obligations referred to in this Article.

5. When the Ministry of Industry, Energy and Tourism finds that any of the services referred to in this Article is being provided in competition, under conditions of price, coverage and quality of service similar to those in which the The Commission may, after reporting by the National Commission on the Markets and the Competition and the hearing to the parties concerned, determine the cessation of its provision as a public service obligation and, consequently, the planned financing for such obligations.

Article 24. Categories of public service obligations.

Operators are subject to the following categories of public service obligations:

a) The universal service in the terms contained in section 2. of this chapter.

(b) Other public service obligations imposed for reasons of general interest, in the form and with the conditions set out in Section 3 of this Chapter.

Section 2. The Universal Service

Article 25. Concept and scope of application.

1. Universal service means the defined set of services the provision of which is guaranteed for all end users regardless of their geographical location, with a particular quality and at an affordable price.

Under the aforementioned concept of universal service, it must be guaranteed, in the terms and conditions that by means of royal decree are determined by the Government, that:

a) All end users can obtain a connection to the public electronic communications network from a fixed location whenever their requests are considered reasonable in terms that through actual decree determine and which, among other factors, shall include the cost of their provision. The connection must allow voice, fax and data communications to be performed at a speed sufficient to provide functional access to the Internet. The connection to the public communications network with functional access to the Internet shall allow for data communications in broadband at a downward speed of 1 Mbit per second. The Government may update this speed in accordance with social, economic and technological developments and the conditions of competition on the market, taking into account the services used by the majority of users.

(b) All reasonable requests for the provision of a telephone service available to the public through the connection referred to in the preceding paragraph shall be satisfied in such a way as to enable them to make and receive national calls and international.

(c) A general guide to the numbers of subscribers, whether printed or electronic, or both, which is updated at least once a year, is made available to the public. A royal decree will determine the groups of subscribers who can request that the printed guide be handed over to them. It shall also be made available to all end-users of that service, including users of public payment telephones, at least one general information service on subscriber numbers. All subscribers to the telephone service available to the public shall have the right to appear in the said general guide, without prejudice, in any case, to compliance with the rules governing the protection of personal data and the right to privacy.

d) Exist a sufficient offer of public pay telephones or other public access points to voice telephony throughout the national territory, which reasonably satisfies the needs of end users as regards the geographical coverage, the number of devices or other access points, and the quality of services, ensures the accessibility of these telephones by users with disabilities and allows for free emergency calls from the payment public telephones without having to use any form of payment using the unique number Emergency calls 112 and other Spanish emergency numbers.

e) End users with disabilities have access to the services listed in paragraphs (b), (c) and (d) of this section, at a level equivalent to that enjoyed by other end users.

(f) Consumers who are natural persons are offered, in accordance with transparent, public and non-discriminatory conditions, options or tariff packages which differ from those applied under normal operating conditions in order to ensure, in particular, that persons with special social needs may have access to the network and to the services that make up the concept of universal service. The same subject matter may apply, where appropriate, price constraints, common tariffs, geographical equalisation or other schemes similar to the benefits included in this Article.

The Ministry of Industry, Energy and Tourism will monitor developments and the level of public pricing of concepts that are part of the universal service, either provided by the designated operator, or they are available on the market where no operators have been designated in relation to these services, in particular in relation to the national levels of consumer and income prices.

2. By means of a royal decree, measures can be taken to ensure that end users with disabilities can also benefit from the choice of operators enjoyed by the majority of end users. Direct support schemes may also be established for consumers who are natural persons with low incomes or with special social needs.

3. All obligations included in the universal service shall be subject to the financing mechanisms set out in Article 27.

4. The Government, in accordance with Community legislation, may review the scope of universal service obligations.

Article 26. Designation of operators responsible for the provision of universal service.

1. Where the provision of any of the elements of the universal service is not guaranteed by the free market, the Ministry of Industry, Energy and Tourism shall designate one or more operators to ensure the efficient provision of these elements of the universal service, in such a way as to cover the entire national territory. For these purposes, different operators may be designated for the provision of various elements of the universal service and cover different areas of the national territory.

2. The system of designation of operators responsible for ensuring the provision of services, services and offers of universal service shall be established by means of a royal decree, subject to the principles of efficiency, objectivity, transparency and non-discrimination without a priori exclusion of the designation of any undertaking. In any event, it shall provide for a public tender procedure for such services, services and offers. These designation procedures shall ensure that the provision of the universal service is made in a cost-effective manner and may be used as a means of determining the net cost arising from the obligations assigned to it for the purposes of the provisions of the Article 27.1.

3. Where the operator designated for the provision of the universal service intends to deliver a part or all of its local access network assets to a separate legal person from a different property, it shall inform in due time Ministry of Industry, Energy and Tourism to assess the impact of the planned operation on the provision of access from a fixed location and the provision of telephone services in accordance with Article 25. The Ministry of Industry, Energy and Tourism, as a result of the assessment made, may impose, amend or remove obligations to the designated operator.

4. The Ministry of Industry, Energy and Tourism may set performance targets for the operator or operators designated for the provision of the universal service.

5. The Ministry of Industry, Energy and Tourism shall notify the European Commission of the universal service obligations imposed on the operator or operators designated for the fulfilment of universal service obligations, as well as the changes related to those obligations or to the designated operator or operators.

Article 27. Cost and funding of universal service.

1. The National Markets and Competition Commission shall determine whether the obligation to provide universal service may entail an unjustified burden on operators who are obliged to provide them.

In case it is considered that such an unjustified burden may exist, the net cost of providing universal service will be determined periodically by the National Commission on Markets and Competition in accordance with the the designation procedures provided for in Article 26.2 or according to the net savings that the operator would achieve if he did not have the obligation to provide the universal service.

For the determination of this net saving the National Commission of the Markets and the Competition will develop and publish a methodology according to the criteria that are established by royal decree.

2. The net cost of the universal service obligation shall be financed by a distribution mechanism, under conditions of transparency and non-discrimination, by those operators who obtain from the operation of networks or the provision of electronic communications services with annual gross operating income of more than EUR 100 million. This figure may be updated or amended by means of a royal decree agreed upon in the Council of Ministers, after the National Commission on Markets and Competition has been informed, in the light of market developments and quotas. operators have at every moment in the market.

3. Once this cost is fixed, the National Markets and Competition Commission will determine the contributions that correspond to each of the operators with obligations to contribute to the financing of the universal service.

Such contributions, as well as applicable deductions and exemptions, shall be verified in accordance with the conditions established by royal decree.

The contributions received will be deposited in the National Universal Service Fund, which is created by this Law.

4. The purpose of the National Fund for Universal Service is to ensure the financing of universal service. Cash assets from operators with obligations to contribute to the financing of the universal service shall be deposited in this fund in a specific account designated for that purpose. The management costs of this account shall be deducted from their balance, and the income generated by it, if any, shall contribute to the contribution of the contributors.

Any contributions made by any natural or legal person wishing to contribute, selflessly, to the financing of any provision of the universal service may be deposited in the account.

Operators subject to universal service obligations will receive from this fund the amount corresponding to the net cost of the universal service obligation, calculated in accordance with the procedure laid down in this Regulation. Article.

The National Commission on Markets and Competition will be responsible for the management of the National Fund for Universal Service. The real decree will determine its structure, organization, control mechanisms, and the form and deadlines in which the contributions will be made.

5. By means of a royal decree, provision may be made for a direct compensation mechanism between operators for cases where the magnitude of the cost does not justify the costs of managing the national universal service fund.

Section 3. Other Public Service Obligations

Article 28. Other public service obligations.

1. The Government may, for the purposes of national defence, public security, road safety or services which affect the security of persons or civil protection, impose other public service obligations other than those of universal service to operators.

2. The Government may also impose other public service obligations, following a report from the National Commission on Markets and Competition, as well as from the competent territorial administration, motivated by:

a) Reasons for territorial cohesion.

b) Reasons for extending the use of new services and technologies, in particular to health, education, social action and culture.

c) For the need to facilitate communication between certain collectives who are in special circumstances and are insufficiently cared for in order to ensure the sufficiency of their offer.

d) By the need to facilitate the availability of services that conduct the accreditation of the content of the message referred to or its referral or receipt.

3. By royal decree, the procedure for the imposition of the obligations referred to in the previous paragraph and its form of financing shall be regulated.

4. In any event, the obligation to route calls to emergency services without the right to economic consideration of any kind should be taken up by operators providing electronic communications services to the public. to make national calls to numbers of a national telephone numbering plan, such as those operated by public electronic communications networks. This obligation is imposed on those operators in respect of calls to the telephone number 112 for emergency care and to others to be determined by means of a royal decree, including those made from public payment telephones, without any form of payment required in these cases.

In any case, the emergency call service will be free for users, whatever the public administration is responsible for their delivery and regardless of the type of terminal that is used.

The operators shall also make available to the receiving authorities free of charge information which is determined by means of a royal decree concerning the location of their provenance.

By royal decree criteria will be established for the accuracy and reliability of information provided on the location of persons making calls to emergency services.

Access to emergency services for end users with disabilities will be equivalent to those enjoyed by other end users.

The authorities responsible for the provision of 112 services will ensure that citizens receive adequate information on the existence and use of this number, in particular through specific initiatives. addressed to persons travelling to other Member States of the European Union.

CHAPTER II

Rights of operators and deployment of public electronic communications networks

Section 1. Rights of the operators to the occupation of the public domain, to be beneficiaries in the procedure of forced expropriation and to the establishment in their favor of easements and limitations to the property

Article 29. Right of occupation of private property.

1. Operators shall be entitled, in the terms of this Chapter, to the occupation of private property where it is strictly necessary for the installation of the network to the extent provided for in the technical project submitted and provided that they do not exist. other technically or economically viable alternatives, either through their forced expropriation or by means of the declaration of forced servitude of passage for the installation of public electronic communications network infrastructure. In both cases, they will have the status of beneficiaries in the files dealt with, in accordance with the provisions of the legislation on compulsory expropriation.

The operators will assume the costs that would be incurred by this occupation.

The occupation of private property will be carried out after the instruction and resolution by the Ministry of Industry, Energy and Tourism of the appropriate procedure, in which all the formalities must be completed and all the guarantees established in favour of the holders concerned in the legislation of compulsory expropriation.

2. The approval by the competent authority of the Ministry of Industry, Energy and Tourism of the technical project for the occupation of private property will imply, in each specific case, the declaration of public utility and the need for occupation for the installation of public electronic communications networks, for the purposes of the legislation on compulsory expropriation.

3. Prior to the approval of the technical project, a report shall be obtained from the body of the autonomous community responsible for the management of the territory, which shall be issued within the maximum period of 30 working days from its request. If the project affects a relevant geographical area or may have environmental conditions, this period will be extended up to three months. In addition, reports from the affected councils will be collected on the compatibility of the technical project with the current urban planning, which must be issued within 30 days of receipt of the request.

4. In the expropriations carried out for the installation of public electronic communications networks specifically linked to the fulfilment of public service obligations, the special emergency procedure laid down shall be followed. in the Forced Expropriation Act, when this is stated in the decision of the competent authority of the Ministry of Industry, Energy and Tourism to approve the appropriate technical project.

Article 30. Right of occupation of the public domain.

Operators shall be entitled, in the terms of this Chapter, to the occupation of the public domain in so far as this is necessary for the establishment of the public electronic communications network in question.

Public domain holders shall ensure that all operators have access to such domain under neutral, objective, transparent, fair and non-discriminatory conditions, without any right to be established. preferential or exclusive access to or occupation of that public domain for the benefit of a given operator or of a particular electronic communications network. In particular, the occupation or right of use of a public domain for the installation or operation of a network may not be granted or allocated by means of tendering procedures.

Article 31. Regulations applicable to the occupation of public domain and private property.

1. The rules issued by any public administration which affects the deployment of public electronic communications networks must, in any event, recognise the right of occupation of the public domain or private property for the deployment of electronic communications. public electronic communications networks in accordance with the provisions of this Title.

2. The rules to be issued by the relevant administrations, in accordance with the provisions of the preceding paragraph, shall at least comply with the following requirements:

(a) To be published in an official journal of the competent authority as well as on the website of that Public Administration and, in any case, to be accessible by electronic means.

(b) Previewing a quick, simple, efficient and non-discriminatory procedure for the resolution of applications for occupation, which may not exceed six months from the date of the submission of the application, except in the case of expropriation.

c) Ensure the transparency of procedures and that the applicable rules encourage fair and effective competition between operators.

d) Ensure compliance with the limits imposed on administrative intervention in this Law in order to protect the rights of operators. In particular, the requirement for documentation to be provided by operators must be motivated, have an objective justification, be proportionate to the intended purpose and be limited to what is strictly necessary.

3. If the public authorities or holders of the public domain referred to in this Article have the ownership, in whole or in part, or exercise the direct or indirect control of operators operating public communications networks. electronic communications services or services available to the public, shall maintain a structural separation between those operators and the bodies responsible for regulating and managing the rights of use of the public domain corresponding.

Article 32. Shared location and shared use of public or private property.

1. Electronic communications operators may voluntarily conclude agreements with each other in order to determine the conditions for the location or sharing of their infrastructure, in full compliance with the rules of defence of the competence.

Public administrations will encourage the conclusion of voluntary agreements between operators for the shared location and the shared use of infrastructure located in public or private property, in particular with a view to the deployment of elements of fast and ultra-fast electronic communications networks.

2. The shared location of the associated infrastructure and resources and the shared use of the public domain or private property may also be imposed on operators who are entitled to the occupation of the property. public or private. To this end, in the terms in which the actual decree is determined, the Ministry of Industry, Energy and Tourism, after hearing the operators concerned and in a reasoned manner, may impose, in general or for cases concrete, the shared use of public domain or private ownership in which public electronic communications networks are to be established or the shared use of the associated infrastructure and resources.

When a competent public administration considers that for reasons of environment, public health, public security or urban and territorial planning, the public domain or the public domain must be taxed. private property, may give a reasoned request to the Ministry of Industry, Energy and Tourism for the initiation of the procedure laid down in the preceding paragraph. In these cases, before the Ministry of Industry, Energy and Tourism imposes the shared use of public domain or private property, the aforementioned ministerial department must carry out a procedure for the public administration. the competent authority which has requested the procedure may make claims for a period of 15 working days.

3. Measures taken in accordance with this Article shall be objective, transparent, non-discriminatory and proportionate. Where appropriate, these measures shall be implemented in a coordinated manner with the relevant competent administrations.

Article 33. Other easements and limitations to the property.

1. The protection of the radio public domain is intended to make optimum use of radio, to prevent its degradation and to maintain an adequate level of quality in the operation of the various radio communications services.

The limitations on ownership and the intensity of electric field and easements that are necessary for the radio protection of certain installations or to ensure the proper use may be established. operation of radio stations or installations used for the provision of public services, for reasons of public security or where necessary under international agreements, in the terms of the provision second and the rules for the development of this Law.

2. Limits may also be imposed on the rights of use of the public radio domain for the protection of other legally protected property or public services which may be affected by the use of such a domain. public, in terms that by means of royal decree are determined. In the imposition of these limits, a preliminary hearing should be carried out to the holders of the rights of use of the radio public domain which may be affected and the principles of transparency and publicity must be respected.

Section 2-Public administration regulations affecting the deployment of public electronic communications networks

Article 34. Collaboration between public administrations in the deployment of public electronic communications networks.

1. The State Administration and the public administrations must collaborate through the mechanisms provided for in this Law and in the rest of the legal system, in order to make the right of the communications operators effective. electronic public and private ownership to perform the deployment of public electronic communications networks.

2. Public electronic communications networks constitute basic equipment and their foresight in urban planning instruments has the character of structuring determinations. Their installation and deployment are works of general interest.

3. The rules drawn up by public authorities which affect the deployment of public electronic communications networks and the instruments of territorial or urban planning must include the necessary provisions for to promote or facilitate the deployment of electronic communications network infrastructures in their territorial scope, in particular to ensure free competition in the installation of networks and in the provision of communications services electronic and the availability of a sufficient supply of places and physical spaces in which operators decide to locate their infrastructure.

In this way, such rules or planning instruments will not be able to establish absolute or disproportionate restrictions on the right of occupation of the public and private domain of operators or impose technological solutions. concrete, specific itineraries or locations in which to install electronic communications network infrastructures. In this regard, where a condition may imply the impossibility of carrying out the occupation of public domain or private property, the establishment of such a condition must be fully justified and accompanied by the alternatives necessary to ensure the right of occupation of operators and their exercise on a level playing field.

Public administrations will contribute to ensuring and making real a sufficient supply of places and physical spaces in which operators decide to locate their infrastructures by identifying such places and physical spaces in (a) to be able to fulfil the dual objective of enabling operators to locate their electronic communications network infrastructures as well as to obtain a territorial deployment of the networks ordered from the territorial point of view.

4. The rules drawn up by public administrations in the exercise of their powers affecting the deployment of public electronic communications networks and the instruments of territorial or urban planning must comply with the the provisions of the sectoral telecommunications regulations. In particular, they shall respect the essential technical parameters and requirements necessary to ensure the functioning of the various electronic communications networks and services, as set out in the 11th and in the regulatory standards approved in the field of telecommunications, and limits on the tolerable radio emission levels set by the State.

In the exercise of its regulatory initiative, when it affects the deployment of public electronic communications networks, public administrations will act in accordance with the principles of necessity, proportionality, legal certainty, transparency, accessibility, simplicity and effectiveness.

Operators will have no obligation to provide documentation or information of any nature already under the authority of the Administration. The Ministry of Industry, Energy and Tourism will establish, by means of a royal decree, the way in which the public authorities will be given the information they need for the exercise of their own powers.

5. Operators shall make use of the underground pipes or inside the buildings to allow the deployment and operation of public electronic communications networks.

In cases where there is no such pipeline or its use is not possible for technical or economic reasons, operators may carry out aerial deployments in accordance with the existing ones.

Similarly, in the same cases, operators will be able to carry out facades of cables and equipment that constitute public electronic communications networks and their associated resources, although for this purpose they will have to use, in the extent possible, previously installed deployments, pipes, installations, and equipment.

Aerial deployments and facades may not be performed in justified cases of historical-artistic heritage buildings or that may affect public safety.

6. For the installation of radio stations or infrastructures used for the provision of electronic communications services available to the public referred to in the third provision of Law 12/2012, of 26 In December, urgent measures for the liberalization of trade and certain services may not be required to obtain prior licence for installations, operations or activities, or similar or similar classes, in terms of indicated in that law.

For the installation of public electronic communications networks or radio stations in private domain other than those referred to in the preceding paragraph, it shall not be required by public administrations. competent to obtain a licence or prior authorisation of installations, operating or activity, or of an environmental nature, or other licences or approvals of a similar or similar class, subject to prior authorisation of such installation, where the operator has submitted to the competent public administration for the granting of the licence or authorisation a plan for the deployment or installation of electronic communications network, in which such infrastructures or stations are provided, and provided that the said plan has been approved by the said administration.

In the Deployment or Installation Plan, the operator must provide for the assumptions on which air deployments or cable and equipment facades are to be performed in the terms indicated in the previous paragraph.

This plan of deployment or installation to be submitted by the operator shall be subject to the content and must respect the technical conditions required by royal decree agreed upon in the Council of Ministers.

The plan for the deployment or installation of a public electronic communications network shall be deemed to have been approved if, after two months after its submission, the competent public administration has not delivered an express decision.

Prior licenses or authorizations which, in accordance with the foregoing paragraphs, cannot be required, shall be replaced by responsible statements, in accordance with the provisions of Article 71a of Law 30/1992, of November 26, Legal Regime of the public administrations and the Common Administrative Procedure, regarding the compliance with the legal provisions established in the current regulations. In any event, the declarant shall be in possession of the payment supporting evidence of the relevant tax where it is mandatory.

The responsible statement shall contain an explicit manifestation of compliance with those requirements that are enforceable in accordance with the applicable regulations, including, where applicable, the possession of the documentation that so credit it.

When different actions related to the radio infrastructure or station are to be performed, the responsible statements shall be processed together whenever possible.

The presentation of the responsible statement, with the consequent effect of enabling from that moment on to execute the installation, will in no way prejudice the situation and effective accommodation of the conditions of the infrastructure or radio station to the applicable rules, nor shall it limit the exercise of the administrative powers of verification, inspection, sanction, and, in general, of control which the administration in any order, state, regional or local, are attributed to you by the applicable sectorial order in each case.

The inaccuracy, falsehood or omission, of an essential character, in any data, manifestation or document accompanying or incorporating a responsible statement, or the failure to present the responsible declaration shall determine the the failure to exploit the installation and, where appropriate, the obligation to withdraw it from the moment when such facts are known, without prejudice to the criminal, civil or administrative responsibilities to which it should take place.

The elements of the responsible declaration that will have such essential character shall be established.

7. In the case of a public or mobile communications network infrastructure, including radio stations for electronic communications, already located in the public or private domain, actions shall be carried out in the field of public or private communications. technological innovation or technical adaptation involving the incorporation of new equipment or the performance of radio emissions in new frequency bands or with other technologies, without varying the elements of civil and mast work, require no new type of concession, authorization or license or modification of the existing or responsible declaration or prior communication to the competent public authorities for reasons of spatial planning, urban planning or environmental planning.

8. Where public administrations draw up projects involving variation in the location of an infrastructure or an element of the electronic communications transmission network, they shall be required to give prior hearing to the operator of the the infrastructure concerned, in order to make the relevant claims on the technical, economic and other aspects of the projected variation.

Article 35. Mechanisms for collaboration between the Ministry of Industry, Energy and Tourism and public administrations for the deployment of public electronic communications networks.

1. The Ministry of Industry, Energy and Tourism and the public authorities have the duties of mutual information and cooperation and mutual cooperation in the exercise of their regulatory actions and which may affect the telecommunications, as established by the current system.

This collaboration will be articulated, among others, through the mechanisms established in the following sections, which may be supplemented by coordination and cooperation agreements between the Ministry of Industry, Energy, and Tourism and the competent public administrations, guaranteeing in any case a hearing procedure for the interested parties.

2. The bodies responsible for the procedures for the approval, modification or revision of the territorial or urban planning instruments affecting the deployment of public electronic communications networks shall be required to obtain the appropriate Report of the Ministry of Industry, Energy and Tourism. This report will cover the adequacy of these planning instruments with this Law and with the sectoral telecommunications regulations and the needs of public electronic communications networks in the territorial area. that they refer to.

The required reporting will be prior to the approval of the planning instrument in question and will be binding in terms of its compliance with the sectoral telecommunications regulations, in (a) the legal framework for telecommunications established by this Law and its implementing rules, and the needs of public electronic communications networks, and should expressly state the points and aspects of the which is issued with that binding character.

The Ministry of Industry, Energy and Tourism will issue the report within a maximum of three months. Without prejudice to Article 83.4 of Law No 30/1992 of 26 November 1992, the report shall be deemed to be in favour of the report and may be continued with the processing of the planning instrument.

In the absence of a request for a mandatory report, the relevant territorial or urban planning instrument may not be approved for the purposes of the exercise of the State's powers in the field of telecommunications.

In the event that the report is not favourable, the bodies responsible for processing the procedures for the approval, modification or revision of the territorial or urban planning instruments shall have a period of time. not more than one month from the receipt of the report, in order to submit to the Ministry of Industry, Energy and Tourism its arguments to the report, which are motivated by environmental, public health, public safety or urban planning and territorial.

The Ministry of Industry, Energy and Tourism, in the light of the allegations submitted, will issue a new report within a maximum of one month from receipt of the allegations. Without prejudice to Article 83.4 of Law No 30/1992 of 26 November 1992, the report shall be deemed to be in favour of the report and may be continued with the processing of the planning instrument. The report is binding, so that if the report is not favourable again, the corresponding instrument of territorial or urban planning in respect of the exercise of the state powers in the field of the environment cannot be approved. Telecommunications equipment.

3. By order, the Minister for Industry, Energy and Tourism may establish the manner in which the reports referred to in the previous paragraph and the information to be provided by the requesting body should be requested, depending on the type of Territorial or urban planning instrument, the competent public authorities may be required to carry out their processing by electronic means.

4. As the installation and deployment of electronic communications networks constitute works of general interest, the whole of public administrations have an obligation to facilitate the deployment of networks of electronic communications networks. electronic communications in their territorial scope, for which they must give due respect to the duties of mutual information and mutual cooperation and cooperation in the exercise of their actions and their powers.

In the absence of agreement between public administrations, when the need for public electronic communications networks is fully justified, and as long as the parameters and technical requirements are met essential to ensure the functioning of the electronic communications networks and services provided for in paragraph 4 of the previous Article, the Council of Ministers may authorise the location or the particular route of an infrastructure of electronic communications network, in which case the competent public administration must necessarily incorporate into their respective management instruments the necessary corrections to accommodate their determinations to those instruments.

5. The processing by the competent public administration of a precautionary measure which prevents or paralyse or a decision rejecting the installation of the network infrastructure that meets the essential technical requirements and parameters for the ensure the operation of the various electronic communications networks and services provided for in paragraph 4 of the previous Article, except in buildings of the historical and artistic heritage, shall be the subject of prior mandatory reporting by the Ministry of Industry, Energy and Tourism, which has a maximum of one month for its issuance and that it will be evacuated after, where appropriate, the attempts to find a negotiated solution with the bodies responsible for processing the said measure or resolution.

Subject to the provisions of Article 83.4 of Law No 30/1992 of 26 November, after that period, the report shall be deemed to have been in favour and may continue with the processing of the measure or resolution.

In the absence of a request for the required report, as well as the assumption that the report is not favorable, the measure or resolution cannot be approved.

6. The Ministry of Industry, Energy and Tourism will promote with the association of local state entities with greater implementation the elaboration of a model type of responsible declaration referred to in paragraph 6 of the previous article.

7. Similarly, the Ministry of Industry, Energy and Tourism shall adopt recommendations for the preparation by the competent public administrations of the rules or instruments referred to in this Section, which may contain models of Municipal ordinances developed jointly with the association of local state entities with the highest implementation. In the case of municipalities, the request for a report referred to in paragraph 2 of this Article may be replaced by the presentation to the Ministry of Industry, Energy and Tourism of the draft instrument accompanied by the Mayor's statement. of the municipality certifying compliance with those recommendations.

8. The Ministry of Industry, Energy and Tourism will be able to create, by means of royal decree, a single point of information through which electronic communications operators will access all the information relating to electronic communications by electronic means. conditions and applicable procedures for the installation and deployment of electronic communications networks and their associated resources.

The Autonomous Communities and Local Corporations may, by signing up to the appropriate collaboration agreement with the Ministry of Industry, Energy and Tourism, adhere to the single information point, in which case the Electronic communications operators shall submit in electronic form the responsible statements referred to in paragraph 6 of the previous article and permits of any kind to occupy public and private domain. necessary for the deployment of such networks to be addressed to the respective Community Standalone or Local Corporation.

The single information point will be managed by the Ministry of Industry, Energy and Tourism and will be responsible for forwarding to the Autonomous Community or Local Corporation that all declarations have been adhered to. responsible and requests that have been submitted by electronic communications operators for the installation and deployment of electronic communications networks and their associated resources.

The Ministry of Industry, Energy and Tourism, the Autonomous Communities and the association of local state entities with greater implementation will encourage the use of this unique information point by the public administrations with a view to reducing administrative burdens and costs, facilitating the dialogue of operators with the administration and simplifying the enforcement of administrative procedures.

Article 36. Provision of electronic communications infrastructures in urbanisation projects and in civil works financed from public resources.

1. When urbanisation projects are carried out, the technical development project must provide for the installation of civil engineering infrastructure to facilitate the deployment of public electronic communications networks, which may include in addition, passive network elements and equipment in terms determined by the technical regulations of telecommunications in the development of this article.

The infrastructure to be installed to facilitate the deployment of public electronic communications networks in accordance with the previous paragraph will form part of the set resulting from the development works and will pass to be integrated into the municipal public domain. The public administration of that public domain shall make such infrastructure available to operators interested in conditions of equality, transparency and non-discrimination.

By royal decree, the dimensioning and minimum technical characteristics that these infrastructures will have to meet will be established.

2. In the case of civil works financed in whole or in part with public resources, the installation of associated resources and other civil works infrastructures shall be provided for in the cases and conditions to be determined by means of royal decree. the deployment of public electronic communications networks, which shall be made available to operators interested in conditions of equality, transparency and non-discrimination.

Section 3. Access to infrastructure capable of hosting public electronic communications networks

Article 37. Access to infrastructures that are capable of hosting public electronic communications networks.

1. Public administrations with infrastructure which is likely to be used for the deployment of public electronic communications networks shall facilitate access to such infrastructures, provided that such access does not compromise the the continuity and security of the provision of public services which, under objective conditions, is carried out by the operator in such infrastructure and does not discriminate against operators who install or operate public networks of electronic communications, without in any case being able to establish a preferential right or exclusive access to the infrastructure referred to for the benefit of a given operator or a particular electronic communications network. In particular, access to such infrastructure for the installation or operation of a network may not be granted or recognised by means of tendering procedures.

2. Entities or companies entrusted with the management of state competition transport infrastructure, as well as undertakings and operators in other sectors other than those of electronic communications which are the holders or the management of infrastructure in the public domain of the State, the Autonomous Communities or the Local Entities or beneficiaries of forced expropriations and which may be used for the deployment of public communications networks Electronic means shall provide access to such infrastructures to operators who install or operate networks public electronic communications, provided that such access does not compromise the continuity and security of the provision of the services provided by the operator. In particular, this access is recognised in relation to road infrastructure, rail, ports, airports, water supply, sanitation, and the transport and distribution of gas and electricity. Access shall be provided on the basis of equality, transparency and non-discrimination.

3. Infrastructure capable of being used for the deployment of public electronic communications networks shall mean tubes, poles, pipes, boxes, cameras, cabinets and any associated resources that can be used to deploy electronic communications networks. and host electronic communications cables, equipment, devices, or any other similar resources required for the deployment and installation of the networks.

4. By means of a royal decree, the procedures, time limits, requirements and conditions under which access to the infrastructures which can be used for the deployment of public electronic communications networks will be facilitated. as the causes for which such access can be denied.

5. The Ministry of Industry, Energy and Tourism may require the public authorities and their entities and companies, as well as the undertakings and operators referred to in the first two paragraphs of this Article, to supply the information necessary to develop in a coordinated manner a detailed inventory of the nature, availability and geographical location of the infrastructures that are likely to be used for the deployment of public communications networks electronic. This inventory shall be provided to operators of electronic communications networks and services.

6. The parties shall freely negotiate the access arrangements referred to in this Article and their conditions, including economic consideration. Any party may present a conflict of access and its conditions to the National Commission on Markets and Competition, which, after hearing the parties, will make binding resolution on the subject matter of the The Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the Court of First Instance held that the definitive.

7. The public authorities holding the infrastructure referred to in this Article shall be entitled to set the economic compensation corresponding to the use made by the operators of the infrastructure.

Article 38. Access to or use of electronic communications networks owned by the bodies or entities managing the transport infrastructure of the state.

1. Bodies belonging to the General Administration of the State as well as any other entities or companies entrusted with the management of State-owned transport infrastructure which provide, directly or through (a) intermediate entities or companies, electronic communications services or the market in the operation of public electronic communications networks, shall negotiate with the operators of electronic communications networks and services interested in the access or use of electronic communications networks for which they are headlines.

2. The conditions for the access or use of such networks must be fair, non-discriminatory, objective, transparent, neutral and at market prices, provided that at least the cost recovery of investments and their operation are guaranteed and maintenance, for all operators of electronic communications networks and services, including those belonging to or linked to such bodies or entities, without in any case being able to establish a preferential or exclusive right of access or use of such networks for the benefit of a particular operator or a particular communications network electronic. In any event, the safety of the transport infrastructure in which the electronic communications networks referred to in this Article and the services provided in those infrastructures are provided shall be preserved.

3. The parties shall freely agree on the arrangements for access or use referred to in this Article, on the basis of the conditions set out in the previous paragraph. Any party may present a conflict of access and its conditions to the National Commission on Markets and Competition, which, after hearing the parties, will make binding resolution on the subject matter of the conflict, within the time limit set out in the Law on the establishment of the Commission, without prejudice to the possibility of provisional measures being taken until the final decision is given.

CHAPTER III

Secret of communications and protection of personal data and public rights and obligations linked to electronic communications networks and services

Article 39. Secret of communications.

1. Operators operating public electronic communications networks or providing publicly available electronic communications services shall ensure the secrecy of communications in accordance with Articles 18.3 and 55.2 of the Constitution, and must take the necessary technical measures.

2. The operators are obliged to carry out the intercepts that are authorized in accordance with the provisions of article 579 of the Law on Criminal Procedure, in the Organic Law 2/2002, of 6 May, regulating the judicial control of the National Intelligence Center and other standards with a range of organic law. They shall also adopt at their expense the measures provided for in this Article and in the relevant regulations.

3. The interception referred to in the preceding paragraph shall be provided for any communication which has as its origin or destination the network termination point or the specific terminal to be determined on the basis of the legal interception order, even if it is intended for storage or processing of the information; the interception may also be carried out on a known terminal and with temporary location data for communications from public premises. Where there is no fixed connection between the subject of the interception and the terminal used, it may be determined dynamically when the subject of the interception activates it for communication by means of an identification code. personnel.

4. Access shall be provided for all types of electronic communications, in particular for their penetration and coverage, for which they are carried out in any form of telephony and data transmission services, video, audio, message exchange, file or facsimile transmission communications.

The facilitated access will serve both the supervision and the transmission to the reception centers of the intercepts of the intercepted electronic communication and the information regarding the interception, and will allow get the signal with which the communication is performed.

5. The required subjects shall provide the authorised agent, unless the characteristics of the service are at their disposal, the data indicated in the order of legal interception, from which they are listed below:

a) Identity or identities of the subject object of the interception measure.

Identity is understood: a technical label that can represent the origin or destination of any electronic communications traffic, in general identified by a physical electronic communications identity number (such as a telephone number) or a logical or virtual electronic communications identity code (such as a personal number) that the subscriber can assign to a physical access on a case-by-case basis.

b) Identity or identities of the other parties involved in electronic communication.

c) Basic services used.

d) Additional services used.

e) Address of the communication.

f) The response indication.

g) Cause of completion.

h) Temporary marks.

i) Location information.

j) Information exchanged through the control or signaling channel.

6. In addition to the information relating to the interception provided for in the preceding paragraph, the required subjects must provide the authorised agent, unless the characteristics of the service are at their disposal, of any of the parties which intervene in the communication that is the subject's clients, the following data:

a) Identification of the natural or legal person.

b) The address at which the provider makes the notifications.

And, even if not paid, if the service in question allows you to have any of the following:

c) The number of service holders (both the directory number and all electronic communications IDs of the subscriber).

d) The terminal identification number.

e) The account number assigned by the Internet service provider.

f) Email address.

7. Together with the data provided for in the above paragraphs, the required subjects shall provide, except that the characteristics of the service are not at their disposal, information on the geographical location of the terminal or network termination point. origin of the call, and the origin of the call destination. In the case of mobile services, a position as accurate as possible of the communication point and, in any case, identification, location and type of the base station concerned shall be provided.

8. The required subjects shall provide the authorised agent, from the data provided for in paragraphs 5, 6 and 7 of this Article, only those who are included in the legal interception order.

9. Prior to the execution of the order of legal interception, the required subjects must provide the authorized agent with information on the services and characteristics of the telecommunications system used by the subjects covered by the measure of the interception and, if they work in their possession, the corresponding names of the subscribers with their national identity card numbers, foreign identity card or passport, in the case of natural persons, or denomination and code Tax identification in the case of legal persons.

10. The required subjects shall have at all times prepared one or more interfaces through which the intercepted electronic communications and the information relating to the interception shall be transmitted to the reception centres of the intercepts. The characteristics of these interfaces and the format for the transmission of intercepted communications to these centres shall be subject to the technical specifications set out by the Ministry of Industry, Energy and Tourism.

11. In the case where the subject is required to apply to communications subject to legal interception any compression, encryption, digitisation or other coding procedure, they must deliver those without any effects. of such procedures, provided they are reversible.

Intercepted communications must be provided to the receiving center of the intercepts with a quality that is not less than the one obtained by the recipient of the communication.

Article 40. Interception of electronic communications by technical services.

1. With full respect for the right to the secrecy of communications and the requirement, in accordance with the Law of Criminal Procedure, of judicial authorization for the interception of contents, when for the realization of the tasks of control for the effective use of public radio control or for the location of harmful interference is necessary the use of equipment, infrastructure and technical facilities for interception of signals not addressed to the general public, the following shall apply:

(a) The Telecom Administration shall design and establish its technical signal interception systems in such a way as to minimize the risk of affecting the contents of the communications.

(b) When, as a result of the technical intercepts carried out, the contents are recorded, the media in which they appear must be kept in custody until the completion of the case of the sanctioning case which would have taken place or, in another case, destroyed immediately. Under no circumstances may they be subject to disclosure.

2. The same rules shall apply for the monitoring of the proper use of the networks and the proper provision of electronic communications services.

3. The provisions of this Article are without prejudice to the powers conferred on the Administration by Article 60.

Article 41. Protection of personal data.

1. Operators operating public electronic communications networks or providing publicly available electronic communications services, including public communications networks that support identification and identification devices; and data collection, shall take appropriate technical and management measures to preserve the security of the operation of its network or the provision of its services, in order to ensure the protection of personal data. Those measures shall include at least:

(a) The guarantee that only authorized personnel have access to personal data for purposes authorized by law.

b) The protection of personal data stored or transmitted from accidental or illicit destruction, accidental loss or alteration or unauthorized or unlawful storage, treatment, access or disclosure.

c) The assurance of the effective implementation of a security policy with respect to the processing of personal data.

The Spanish Data Protection Agency, in the exercise of its competence to guarantee security in the processing of personal data, will be able to examine the measures taken by operators operating networks (a) public electronic communications or providing publicly available electronic communications services, and may make recommendations on best practices with regard to the level of security that should be achieved with these measures.

2. Where there is a particular risk of breach of the security of the public network or of the electronic communications service, the operator who operates the network or provides the electronic communications service shall inform the subscribers about such risk and the measures to be taken.

3. In case of violation of personal data, the operator of electronic communications services available to the public will notify without undue delay such violation to the Spanish Data Protection Agency. If the data breach is likely to adversely affect the privacy or personal data of a subscriber or individual, the operator shall also notify the subscriber or the individual without undue delay.

The notification of a violation of personal data to a particular subscriber or subscriber will not be necessary if the supplier has proved to the satisfaction of the Spanish Data Protection Agency that he has applied the appropriate technological protection and that these measures have been applied to the data affected by the security breach. Protective measures of these characteristics could be those that make the data incomprehensible to anyone who is not authorised to access them.

Without prejudice to the obligation of the supplier to inform the subscribers or individuals concerned, if the supplier has not already notified the subscriber or the individual the violation of the personal data, the Spanish Agency of Protection Data may require you to do so once the possible adverse effects of the breach have been assessed.

In the notification to the subscriber or the individual, at least the nature of the violation of the personal data and the contact points where further information can be obtained will be described and measures to attenuate the data will be recommended. possible adverse effects of such violation. The notification to the Spanish Data Protection Agency shall also describe the consequences of the violation and the measures proposed or adopted by the supplier in respect of the violation of the personal data.

Operators must take an inventory of violations of personal data, including facts related to such violations, their effects and the measures taken in this respect, which is sufficient to permit the Spanish Data Protection Agency to verify compliance with the reporting obligations under this paragraph. The actual order can set the format and content of the inventory.

For the purposes set forth in this article, the violation of personal data shall be understood as the violation of security that causes the destruction, accidental or illicit, loss, alteration, disclosure or access. authorised, personal data transmitted, stored or otherwise processed in connection with the provision of a publicly accessible electronic communications service.

The Spanish Data Protection Agency may adopt guidelines and, if necessary, issue instructions on the circumstances in which the supplier is required to report the breach of personal data, on the the format to be adopted by that notification and on the manner in which it is to be carried out, with full respect for the provisions adopted in this matter by the European Commission.

4. The provisions of this Article shall be without prejudice to the application of the Organic Law 15/1999 of 13 December on the Protection of Personal Data and its implementing rules.

Article 42. Conservation and disposal of data relating to electronic communications and public communications networks.

The preservation and transfer of data generated or processed in the framework of the provision of electronic communications services or of public communication networks to the agents empowered through the corresponding judicial authorisation for the purposes of detection, investigation and prosecution of serious crimes referred to in the Criminal Code or in the special criminal laws is governed by the provisions of Law 25/2007 of 18 October, of data retention relating to electronic communications and to public communications networks.

Article 43. Encryption on electronic communications networks and services.

1. Any type of information transmitted by electronic communications networks may be protected by means of encryption procedures.

2. Encryption is an information security tool. Among its conditions of use, when used to protect the confidentiality of information, the obligation to provide an organ of the General Administration of the State or to a public body, algorithms or any other information shall be imposed. the encryption procedure used, as well as the obligation to provide the equipment with no charge for the purposes of its control in accordance with the rules in force.

Article 44. Integrity and security of electronic communications networks and services.

1. Network operators and electronic communications services available to the public shall adequately manage the security risks that may affect their networks and services in order to ensure an adequate level of safety and to avoid or minimize the impact of security incidents on users and on interconnected networks.

2. In addition, public electronic communications network operators shall ensure the integrity of electronic communications networks in order to ensure continuity in the provision of services using such networks.

3. Operators operating networks or providing publicly available electronic communications services shall notify the Ministry of Industry, Energy and Tourism of breaches of safety or loss of integrity that have had an impact. significant in the operation of networks or services.

Where appropriate, the Ministry shall inform the competent national authorities of other Member States and the European Network and Information Security Agency (ENISA). It may also inform the public or require companies to do so, if it considers that the disclosure of the violation is in the public interest. Once a year, the Ministry shall submit to the Commission and ENISA a summary report on the notifications received and the measures taken in accordance with this paragraph.

Similarly, the Ministry will communicate to the Ministry of the Interior Ministry of Security those incidents affecting the national strategic operators to be of interest to the improvement of the protection of the critical infrastructures, in the framework of Law 8/2011, of 28 April, regulating them. The Ministry shall also communicate to the National Commission of the Markets and the Competition the breaches of security or loss of integrity referred to in this paragraph that affect or may affect the specific obligations imposed by the the Commission in the relevant markets.

4. The Ministry of Industry, Energy and Tourism will establish the mechanisms to monitor compliance with the above obligations and, where appropriate, dictate the relevant instructions, which will be binding on operators, including concerning the deadlines for implementation, for the adoption of certain measures relating to the integrity and security of electronic communications networks and services. Among them, you can impose:

a) The obligation to provide the information necessary to assess the security and integrity of its services and networks, including documents on security policies.

(b) The obligation to submit to a safety audit carried out by an independent body or a competent authority, and to make the result available to the Ministry of Industry, Energy and Tourism. The cost of the audit shall be borne by the operator.

5. In particular, operators shall ensure the widest possible availability of publicly available telephone services via public communications networks in the event of catastrophic network failure or in cases of force majeure; and take all necessary steps to ensure uninterrupted access to emergency services.

6. This Article is without prejudice to the provisions of Article 4 (4) of this Law.

CHAPTER IV

Common infrastructures and electronic communications networks in buildings

Article 45. Common infrastructure and electronic communications networks in buildings.

1. By means of royal decree, the law will be developed in the field of common infrastructures of electronic communications in the interior of buildings and real estate. This royal decree will determine, both the interconnection point of the internal network and the public networks, and the conditions applicable to the internal network itself. It shall also regulate the guarantees applicable to access to electronic communications services through individual systems in the absence of common electronic communications infrastructures, and the system of installation of electronic communications services in all those aspects not provided for in the provisions with regulatory legal status of the matter.

2. The basic technical regulations governing the construction of civil works infrastructure in the interior of buildings and buildings must take into account the needs of support of communications systems and networks. (a) the electronic system shall be capable of being used for the purpose of ensuring that the infrastructure of civil works has sufficient capacity to permit the passage of the networks of the various operators, in such a way as to facilitate the the possibility of shared use of these infrastructures by those.

3. The regulation of the common infrastructure for electronic communications will promote the sustainability of buildings and buildings, of residential, industrial, tertiary and endotational use, facilitating the introduction of information and communications technologies that support their energy efficiency, accessibility and security, with a view to the progressive implementation in Spain of the concept of a digital home.

4. Operators may install the final sections of the fixed electronic communications network for ultra-fast access as well as their associated resources in buildings, estates and property sets which are or are to be covered by the scheme. of horizontal ownership or of buildings which, in whole or in part, have been or are the subject of a lease for more than one year, other than those hosting a single dwelling, in order to ensure that any co-owner or, where appropriate, lessee of the property can make use of such networks.

In the case of buildings where there is no common infrastructure for electronic communications within the building or building block, or the existing one does not allow for the installation of the corresponding ultrafast access, said installation may be made using the common elements of the building. In cases where it is not possible to install inside the building or estate for technical or economic reasons, the installation may be performed using the building facades.

The operator who intends to install the final sections of the network and its associated resources referred to in this paragraph shall inform the owner community in writing or, where appropriate, the owner of the building, along with a project of the performance you intend to perform, before you start any installation. The format, content, and formal deadlines for the submission of both the written communication and the draft of the action referred to in this paragraph shall be determined by regulation. In any case, it shall be for the operator to prove that the written communication has been delivered.

The installation cannot be performed if within one month of the communication being produced, the owner community or owner credits the operator with none of the building's co-owners or tenants. is interested in the provision of the proposed infrastructure, or states that it will, within three months of the reply, carry out the installation of a common infrastructure for electronic communications within the building or the adaptation of the existing one allowing such ultrafast access. After a period of one month has elapsed since the communication has taken place without the operator having received a reply, or the period of three months following the reply without the installation of the infrastructure being carried out The operator shall be entitled to initiate the installation of the final sections of the network and its associated resources, although it is necessary for the operator to indicate to the community of owners or the owner on the day of start of the installation.

The procedure in the preceding paragraph shall not apply to the operator who intends to install the final fixed-network sections of ultra-fast access electronic communications and their associated resources in a building or assembly. property in which another operator has initiated or installed final tranches of such networks; or in those cases in which it is a tranche to provide continuity to a facility that is necessary to provide access to such networks in adjacent or nearby buildings or farms and there is no other economically efficient and technically viable alternative (a) viable, all without prejudice to the fact that, in any event, there must be a minimum prior notification of the operator to the owner's community or the owner, together with a description of the action he intends to take, to start any installation. In any case, it will be necessary for the operator to tell the owner community or owner on the day of the installation.

5. Operators shall be liable for any damage that they infringe on buildings or farms as a result of the activities of the installation of the associated networks and resources referred to in the previous paragraph.

6. By order of the Ministry of Industry, Energy and Tourism the technical aspects to be met by the operators in the installation of the resources associated with the fixed networks of electronic communications of ultrafast access as well as the associated civil work in the cases referred to in paragraph 4 of this Article, with the aim of reducing nuisance and burden on citizens, optimising the installation of networks and facilitating the deployment of networks by the various operators.

7. The Ministry of Industry, Energy and Tourism may impose objective, transparent, proportionate and non-transparent obligations on the operators and owners of the associated resources, prior to the processing of public information. (a) discriminatory rules on the shared use of the final sections of the access networks, including those which run through the buildings and building assemblies, or up to the first point of concentration or distribution located outside, when the duplication of this infrastructure is economically inefficient or physically unviable.

8. The Ministry of Industry, Energy and Tourism will create and maintain a centralized and up-to-date inventory of all buildings or property sets that have common telecommunications infrastructures installed. Such inventory shall be made available to operators.

CHAPTER V

End User Rights

Article 46. Rights of end users of electronic communications services.

1. They are holders of the specific rights recognised in this Chapter, under the conditions laid down in this Chapter, the end users of electronic communications services. Operators shall be obliged to respect the rights recognised in this Chapter.

The recognition of the specific rights of the end users of electronic communications networks and services available to the public making this Chapter is without prejudice to the rights conferred upon them. consumers the recast text of the General Law for the Defense of Consumers and Users approved by the Royal Legislative Decree 1/2007 of 16 November.

2. The provisions which this law and its regulatory development contain in respect of the specific rights of the end users of electronic communications services, in those aspects expressly provided for in the provisions of the law of the European Union of which they bring cause, shall be of preferential application in the event of conflict with the provisions governing the rights of consumers and users in general.

Article 47. Specific rights of the end users of publicly available electronic communications networks and services.

1. The specific rights of the end users of electronic communications networks and services shall be established by means of a decree regulating:

(a) The right to conclude contracts by end-users with operators who operate networks or provide publicly available electronic communications services, as well as the minimum content of such contracts, without prejudice to the provisions of Article 53.

b) The right to terminate the contract at any time. This right includes the right to address it in advance and without penalty in the event of modification of the contractual conditions imposed by the operator for valid reasons specified in that and without prejudice to other causes of resolution unilateral.

(c) The right to change of operator, with the retention of the national telephone numbering plan numbers in cases where this is contemplated within the maximum period of one working day. The end users cannot be transferred to another operator against their will.

End-users should receive appropriate information about the operator change, the process of which is directed by the receiving operator, before and during the process, as well as immediately after its completion.

End-user contracts with the transferor operators, as regards the services affected by the preservation of the numbers, will be automatically resolved after the operator change process is completed.

The delay in the conservation of the numbers and the abuses of the conservation by the operators or on their behalf, will entitle the subscribers to a compensation in the terms that are established by royal decree, in which the assumptions in which such compensation shall be automatic shall also be fixed. The conditions and procedures for the termination of contracts shall not constitute a deterrent for changing operators.

(d) The right to information, which shall be truthful, effective, sufficient, transparent, comparable, on publicly available electronic communications services, without prejudice to the provisions of Article 54.

e) The assumptions, deadlines and conditions in which the user, upon request, may exercise the right to disconnect certain services, considering the need for express request for access to services of different consideration.

f) The right to the continuity of the service, and to obtain automatic compensation for its interruption, in the cases to be determined by royal decree.

(g) The assumptions of approval by the Ministry of Industry, Energy and Tourism of the general terms and conditions of the contracts, including those concluded between the end-users and the operators who operate networks or provide electronic communications services with public service obligations.

The administrative approval referred to in the preceding paragraph does not preclude the control or administrative or judicial review of the general conditions of the procurement contained in the aforementioned contracts, in accordance with the regulations in effect.

h) The right to receive comprehensive, comparable, relevant, reliable, up-to-date and easily consulted information on the quality of publicly available electronic communications services and on the measures taken to ensure equivalent access for end users with disabilities.

i) The right to choose a means of payment for the payment of the corresponding services among the commonly used in the commercial traffic.

j) The right to access emergency services free of charge without having to use any means of payment.

k) The right to detailed, clear and error-free billing, without prejudice to the right to receive invoices not broken down at the user's request.

l) The right to stop the automatic diversion of calls made to your terminal by a third party.

m) The right to prevent, by means of a simple and free procedure, the presentation of the identification of your line in the calls that you generate or the presentation of the identification of your line to the user call.

End users may not exercise this right in the case of emergency calls through the 112 number or communications to entities providing emergency call services to be determined by real decree.

For a limited period of time, end users may not exercise this right when the subscriber to the target line has requested the identification of malicious or annoying calls made to their line.

n) The right to prevent, by means of a simple and free procedure, the presentation of the identification of the line of origin in the incoming calls and to reject the incoming calls in which said line does not appear identified.

In this case and in the former, operators providing electronic communications services to the public to make national calls to numbers of a national telephone numbering plan, as well as those operating networks Public electronic communications must comply with the conditions which by means of royal decree are determined on the display, restriction and deletion of the identification of the originating and connected line.

2. Operators must have a free customer service, which is free for users, to provide information and to address and resolve complaints and complaints from their customers.

Customer support services through the telephone channel should ensure direct personal attention, beyond the possibility of using other technical means in addition to their scope to improve this attention. The operators shall make available to their clients methods for the documentary accreditation of the representations or claims made, such as the granting of a reference number or the possibility of sending a document to the client durable.

Article 48. Right to the protection of personal data and privacy in relation to unsolicited communications, with traffic and location data and with the subscriber guides.

1. With regard to the protection of personal data and privacy in relation to unsolicited communications, the end users of electronic communications services shall have the following rights:

(a) Not receiving automatic calls without human intervention or fax messages, for commercial communication purposes without having given prior and informed consent to this.

b) To object to receiving unwanted calls for commercial communication purposes that are carried out by systems other than those set out in the previous letter and to be informed of this right.

2. With regard to the protection of personal data and privacy in relation to traffic data and location data other than traffic data, the end users of electronic communications services shall have the following: rights:

a) To be made anonymous or to cancel your traffic data when they are no longer necessary for the purposes of the transmission of a communication. The traffic data necessary for the purpose of the billing of subscribers and the payments of the interconnections may be processed only until the time limit for the challenge of the invoice of the service has expired, for the return of the charge by the operator, for the payment of the invoice or for the operator to be able to require payment.

(b) to which their traffic data is used for the commercial promotion of electronic communications services or for the provision of value added services, to the extent and for the time necessary for such services or trade promotion only when they have provided their informed consent. End users shall have the right to withdraw their consent for the processing of traffic data at any time and with immediate effect.

(c) To only apply to the processing of their location data other than the traffic data when they have been made anonymous or prior to their informed consent and only to the extent and for the time necessary for the the provision, where appropriate, of value added services, with unambiguous knowledge of the data to be processed, the purpose and duration of the data and the value added service to be provided. Final users shall have the right to withdraw their consent at any time and with immediate effect for the processing of the different traffic location data.

End users may not exercise this right in the case of emergency calls through the 112 number or communications to entities providing emergency call services to be determined by the Ministry of Industry, Energy and Tourism.

3. With regard to the protection of personal data and privacy in relation to subscriber guides, the end users of electronic communications services shall have the following rights:

a) A figure in the subscriber guides.

b) To be informed free of charge of the inclusion of their data in the guides, as well as the purpose of the same, with character prior to such inclusion.

c) Not to appear in the guides or to request the omission of some of their data, to the extent that such data is relevant to the purpose of the guide that has been provided by your supplier.

4. The provisions of paragraph 2 (a) and (c) of this Article are without prejudice to the obligations laid down in Law 25/2007 of 18 October for the retention of data relating to electronic communications and networks. public communications.

Article 49. Subscriber guides.

1. The preparation and placing on the market of guides for subscribers to electronic communications services and the provision of information services on electronic communications services shall be carried out under free competition.

To this end, companies that assign telephone numbers to subscribers will have to give course to all reasonable requests for the provision of information relevant to the provision of the information services. of subscribers and guides accessible to the public, in an approved format and on a level, objective, cost-oriented and non-discriminatory basis, subject to the provision of the above information and their subsequent use the data protection regulations in force at any time.

The Ministry of Industry, Energy and Tourism will have to provide free of charge to the entities that will be producing telephone subscribers, to which they provide the telephone consultation service on subscriber numbers and the to provide the emergency call services, the data provided by the operators, in accordance with the conditions to be established by means of a royal decree.

2. Final users are guaranteed access to the information services on subscriber numbers, in order to be achieved by the Ministry of Industry, Energy and Tourism, which may impose obligations and conditions on the companies which control access to end users in the field of provision of information services on subscriber numbers which shall be objective, fair, non-discriminatory and transparent.

3. The Ministry of Industry, Energy and Tourism shall, whenever technically and economically feasible, take measures to ensure the direct access of end-users to the service of information on subscriber numbers from another Community country. by voice call or SMS.

Article 50. Quality of service.

1. By Order of the Minister for Industry, Energy and Tourism, minimum requirements for quality of service may be laid down which, where appropriate, are required for operators of public electronic communications networks, in order to avoid degradation of the service and the hindering or slowing down of traffic in the networks, in accordance with the procedures to be established by means of a royal decree.

The Ministry of Industry, Energy and Tourism will provide the European Commission, in due course before setting such requirements, a summary of the reasons for the action, the expected requirements and the proposed action line. Such information shall also be made available to the Body of European Regulators for Electronic Communications (BEREC).

2. In addition, the quality parameters to be quantified, as well as the possible quality certification mechanisms, can be established in order to ensure that end users, including end users with disabilities, have access to comprehensive, comparable, reliable and easy-to-query information.

Article 51. Access to numbers or services.

1. To the extent necessary for the achievement of the objectives set out in Article 3 and, in particular, to safeguard the rights and interests of users, by means of a royal decree or the National Numbering Plans, routing and naming and its development provisions, requirements on minimum capacities or functionalities that certain types of services will have to meet.

2. In addition, by means of a royal decree, following a report by the National Commission on Markets and Competition, the conditions under which public network operators for electronic communications or communications services will be established will be established. (a) the access to numbers or services is to be blocked by the public, provided that it is justified on the grounds of illegal traffic and irregular traffic for fraudulent purposes, and the cases in which service providers of electronic communications retain the corresponding revenue by interconnection or other services. The National Markets and Competition Commission may order the blocking of access to numbers or services on the grounds of irregular traffic for fraudulent purposes when they originate in a conflict between operators in the field of access or (a) interconnection to be brought by such operators. In no case can the block be required to block services not included in the scope of this Law, such as the services of the Information Society regulated in Law 34/2002, of July 11, of services of the the information society and electronic commerce.

3. By Resolution the Secretary of State for Telecommunications and the Information Society may establish that, for reasons of protection of the rights of end-users of electronic communications services, in particular, related to the billing and the fees that apply in the provision of certain services, some numbers or numbering ranges are only accessible upon express request of the user, under the conditions to be set in the said Resolution.

Article 52. Regulation of basic conditions of access by persons with disabilities.

By royal decree, the basic conditions for the access of persons with disabilities to technologies, products and services related to electronic communications can be established. This rule will set out the requirements that operators will have to meet to ensure that users with disabilities:

a) They may have access to electronic communications services equivalent to that enjoyed by most end users.

b) Benefit from the choice of business and services available to most end users.

Article 53. Contracts.

1. Prior to the conclusion of a contract between end users and operators operating networks or providing publicly available electronic communications services, operators shall provide final users with at least the information they provide. For these purposes, it is established in the Recast Text of the General Law for the Defense of Consumers and Users approved by the Royal Legislative Decree 1/2007 of 16 November.

In addition to the provisions of the previous subparagraph, operators shall also provide, prior to the conclusion of the contract, the specific information on the electronic communications service to be established by means of royal decree, and at least:

a) Description of the services to be provided and possible limitations on their use.

b) The applicable prices and rates, with the concepts and details to be established by royal decree.

c) Duration of contracts and causes for resolution.

d) Information about restrictions on the ability to use the terminal equipment provided.

e) Applicable conditions in relation to the preservation of numbers.

2. The content of contracts to be concluded between end-users and operators operating networks or providing publicly available electronic communications services shall be regulated by means of a royal decree, and shall include clearly, understandable and easily accessible, at least, the following specific content:

a) Services provided, including, in particular:

i) Whether or not to provide access to emergency services and information about the location of the persons making the call, as well as any other limitation for the provision of emergency services.

ii) Information about any other condition that limits access to or use of services and applications.

(iii) The minimum quality of service levels offered, in particular, the time limit for the initial connection, as well as, where appropriate, other quality of service parameters set out in regulation.

iv) Information about any procedures established by the company to measure and manage traffic so as to avoid exhausting or saturating the network link, and information on how these procedures can be used affect the quality of the service.

v) The types of maintenance offered and support services provided to the client, as well as the means to contact such services.

vi) Any restrictions imposed by the provider regarding the possibilities of using the terminal equipment provided.

b) The subscriber's decision about whether or not to include his or her personal data in a given guide and the data in question.

(c) The duration of the contract and the conditions for its renewal and for the termination of the services and the termination of the contract, including:

i) Any minimum use or duration or other requirements required to take advantage of promotions.

ii) All expenses related to the preservation of the number and other identifiers.

iii) All expenses related to the resolution of the contract, including cost recovery related to terminal equipment.

(iv) The conditions under which in the case of change of operator with the retention of numbers, the transferor operator undertakes, if necessary, to repay any remaining credit on the prepaid cards.

d) The way to initiate dispute settlement procedures, in accordance with Article 55.

e) The types of measures the company might take in the event of security or integrity or threat and vulnerability incidents.

3. By means of a royal decree the obligation for contracts to include information to be determined by the competent authority, in relation to the use of electronic communications networks and services for the development of activities, may be established. illicit or to disseminate harmful content, as well as the means of protection against risks to personal security, privacy and personal data, provided that they are relevant to the service provided.

4. Operators shall deliver or forward to users in writing or on any other durable medium the contract concluded.

Article 54. Transparency and publication of information.

1. By means of a royal decree, the conditions for operators of publicly available electronic communications networks or electronic communications services to publish transparent, comparable, appropriate and appropriate information shall be established. updated on the applicable prices and tariffs, and, where appropriate, on the costs and conditions related to the termination of contracts, as well as information on the access and use of the services they provide to end-users, which will be published clearly, easily and easily accessible.

2. The Ministry of Industry, Energy and Tourism will encourage the dissemination of comparable information so that final users can make an independent assessment of the cost of alternative methods of use, for example by alternative guides or similar techniques, and shall regulate the conditions for information published by public electronic communications network operators or publicly available electronic communications services to be used free of charge by third parties, in order to sell or permit the use of these guides interactive or similar techniques.

3. By royal decree the conditions will be regulated to ensure that the operators of public electronic communications networks or electronic communications services available to the public:

(a) Provide subscribers with information about the applicable tariffs in relation to any number or service subject to specific price conditions, in respect of each of the categories of services, being able to require such information to be provided immediately prior to making the calls.

b) Report to subscribers about any change of access to emergency services or information regarding the location of the persons making calls in the service to which they are paid.

c) Report to subscribers of changes to conditions that limit access to or use of services and applications.

d) Provide information on any procedure established by the supplier to measure and manage traffic in such a way as to avoid exhausting or saturating the network link and the manner in which those procedures may be affect the quality of the service.

e) Report to subscribers of their right to decide whether they include their personal data in a guide and the types of data in question.

f) Report regularly and in detail to the disabled subscribers of the products and services addressed to them.

4. The Ministry of Industry, Energy and Tourism may require public electronic communications network operators or publicly available electronic communications services to disseminate free of charge, and in a given format, information of public interest to old and new subscribers, where appropriate, by the same routes normally used by them to communicate with subscribers, information covering the following aspects:

(a) The most common uses of electronic communications services to develop illicit activities or to disseminate harmful content, in particular where this is contrary to the rights and freedoms of third parties, including infringements of copyright and related rights, as well as their legal consequences.

b) Means of protection against risks to personal security, privacy, and personal data in the use of electronic communications services.

5. The Ministry of Industry, Energy and Tourism shall periodically publish the data resulting from the management of the dispute settlement procedure laid down in Article 55 (1). The data shall include a level of unbundling that allows for information on the services, subjects and operators on which the complaints received are addressed.

Article 55. Dispute resolution.

1. Final users who are natural persons shall have the right to have an out-of-court, transparent, non-discriminatory, simple and free procedure to resolve their disputes with operators who operate networks or provide services. of electronic communications available to the public, where such disputes relate to their specific rights as end-users of electronic communications services recognised in this Law and their development and agreement rules as set out in the Community legislation.

To this end, the Ministry of Industry, Energy and Tourism shall establish by order a procedure under which the final users who are natural persons may submit such disputes in accordance with the principles laid down in the set out in the previous paragraph. Operators shall be obliged to submit to the procedure and to comply with the decision to terminate it. In any event, the procedure to be adopted shall set the maximum period within which the express decision shall be notified, after which the complaint may be understood to be dismissed by administrative silence, without prejudice to the Telecommunications administration has an obligation to resolve the complaint in an express manner, in accordance with the provisions of Article 43 of Law 30/1992 of 26 November 1992 on the legal system of public and private administrations. Common Administrative Procedure. The decision to be taken may be challenged before the administrative-administrative jurisdiction.

2. The provisions of the above paragraph are without prejudice to the right of the end users to submit disputes to the knowledge of the arbitration boards of consumption, in accordance with the legislation in force in this field. If the consumer arbitrators agree to know about the dispute, it will not be possible to go to the procedure of the previous section.

TITLE IV

Assessment of equipment and appliance compliance

Article 56. Technical normalization.

1. By means of a royal decree, the assumptions and conditions under which public network operators and electronic communications services available to the public will have to publish the precise and appropriate technical specifications of the interfaces offered in Spain, prior to the possibility of public access to the services provided through these interfaces.

2. By means of a royal decree, the forms of preparation, where appropriate, of the technical specifications applicable to telecommunications equipment and apparatus, shall be determined in order to ensure compliance with the essential requirements of the conformity assessment procedures and the equipment and apparatus exempted from the application of that assessment shall be established.

In cases where the regulations provide for it, the Ministry of Industry, Energy and Tourism may approve technical specifications other than those for telecommunications equipment.

Article 57. Assessment of compliance.

1. Telecommunications equipment, with the understanding of any device not expressly excluded from the royal decree which will carry out this title which is radio equipment or telecommunications terminal equipment, or both at the same time, assess their conformity with the essential requirements laid down in the provisions which determine it, be in conformity with all the provisions to be laid down and incorporate the relevant marking as a result of the assessment carried out. The use of equipment which by means of royal decree is determined, such as radio-amateur equipment built by the user himself and not available for sale on the market, may be exempted from the application of the provisions of this Title. the provisions of their specific regulation.

2. For imports from third countries outside the European Union, placing on the market, putting into service and use of a telecommunications apparatus as referred to in the previous paragraph shall be a prerequisite for the the economic operator established in the European Union or the user of the European Union has previously verified the conformity of the apparatus with the essential requirements applicable to them by means of the procedures to be determined in the royal decree; is established for this purpose, as well as compliance with the provisions which are laid down therein.

3. Compliance with all requirements set out in the actual decree indicated includes the enabling for the connection of devices intended to connect to the termination points of a public electronic communications network. Such compliance does not imply authorization of use for radio equipment subject to obtaining authorization or granting of radio public domain in the terms established in this Law.

4. The Ministry of Industry, Energy and Tourism may promote complementary voluntary certification procedures for telecommunications equipment which shall include at least the conformity assessment referred to in the chapters. above.

5. The Ministry of Industry, Energy and Tourism may carry out appropriate checks to ensure that the equipment placed on the market has assessed its conformity in accordance with the provisions of this Title. The natural or legal person responsible for the equipment placed on the market shall provide the equipment free of charge in order to be able to carry out such checks.

By royal decree the procedure applicable to the withdrawal from the market of products that do not comply with the provisions of this title will be established.

Article 58. Mutual recognition.

1. Telecommunications equipment which has assessed its conformity with the essential requirements in another Member State of the European Union or under the mutual recognition agreements concluded by it with third countries, and which complies with the Other provisions applicable in this field shall have the same consideration, as regards the provisions of this Title IV, which the apparatus for which conformity has been verified in Spain and which also comply with the other provisions laid down in law material.

2. The Ministry of Industry, Energy and Tourism shall establish the procedures for the recognition of the conformity of the telecommunications equipment referred to in the mutual recognition agreements established by the European Union with third countries.

3. Telecommunications equipment using radio spectrum with non-harmonised radio parameters in the European Union shall not be placed on the market until they have been authorised by the Ministry of Industry, Energy and Tourism, in addition to having assessed compliance with the rules applicable to those and complying with the other provisions applicable to them.

Article 59. Conditions to be met by installations and installers.

1. The installation of the telecommunications equipment must be carried out in accordance with the instructions provided by the economic operator, maintaining, in any event, the conditions under which they have been verified the essential requirements, in the terms set out in the previous articles of this Title.

2. The provision to third parties of services for the installation or maintenance of telecommunications equipment or systems shall be carried out under free competition without any limitations other than those laid down in this Law and its implementing rules.

They may provide installation or maintenance services of telecommunications equipment or systems to the natural or legal persons of a Member State of the European Union or to another nationality, where, in the second case, this is provided for in the international agreements linking the Kingdom of Spain. For the rest of natural or legal persons, the Government may authorise exceptions of a general or particular nature to the previous rule.

By means of royal decree the requirements for the exercise of the activity consisting in the provision to third parties of services of installation or maintenance of telecommunications equipment or systems relating to the technical capacity and the professional qualification for the exercise of the activity, technical means and minimum insurance cover, guarantee or any other financial guarantee. The requirements for access to and the exercise of the activity shall be proportionate, non-discriminatory, transparent and objective, and shall be clearly and directly linked to the specific general interest that justifies them.

Those interested in the provision to third parties of services for the installation or maintenance of telecommunications equipment or systems must, prior to the start of the activity, submit to the Registry of telecommunications, by electronic or telematic means, a statement responsible for compliance with the requirements for the exercise of the activity.

The responsible declaration enables the provision to third parties of services for the installation or maintenance of telecommunications equipment or systems throughout the Spanish territory and for an indefinite duration.

When a failure to comply with any of the requirements is determined, the person concerned shall be notified of such non-compliance within a period of 15 days. After that time limit, without the fact that the sub-healing has taken place, a resolution shall be issued depriving the declaration of effectiveness and the registration shall be cancelled.

Any event involving modification of any of the data contained in the original declaration shall be communicated by the person concerned by electronic or telematic means within the maximum period of one month from the date of to be produced, to the Secretariat of State of Telecommunications and to the Information Society, which shall proceed to the registration of the modification in the Registry of the telecommunications installers.

If, as a result of the provision of services for the installation or maintenance of telecommunications equipment or systems, the safety of persons or of public telecommunications networks, the Secretariat of the Secretariat of the The State of Telecommunications and the Information Society may issue a reasoned decision on the basis of which, after hearing the person concerned, the suspension of the financial year is taken in a precautionary and immediate manner. of the installation activity for the person concerned, without prejudice to the possibility of opening the a penalty file in accordance with the provisions of Title VIII.

The temporary or occasional provision in the Spanish territory of services for the installation or maintenance of telecommunications equipment or systems by natural or legal persons legally established in other States shall be free. members of the European Union for the exercise of the same activity, without prejudice to the fulfilment of the obligations relating to the recognition of professional qualifications which are applicable to professionals who move.

3. The Registry of telecommunications installers will be of a public nature and its regulation will be made by royal decree. The data relating to natural or legal persons who have declared their intention to provide services for the installation or maintenance of telecommunications equipment or systems and their modifications shall be entered on their own initiative. information contained in the declarations. The formalities relating to the registration in the same way may not result in a delay in the qualification for carrying out the activity.

TITLE V

Public Radio Domain

Article 60. From the administration of radio public domain.

1. The radio spectrum is a good of public domain, whose ownership and administration correspond to the State. Such administration shall be exercised in accordance with the provisions of this Title and in international treaties and agreements in which Spain is a party, taking into account the rules applicable in the European Union and the resolutions and recommendations of the International Union of Telecommunications and other international organizations.

2. The administration of radio public domain shall be carried out taking into account its important social, cultural and economic value and the necessary cooperation with other Member States of the European Union and with the European Commission in the strategic planning, coordination and harmonisation of the use of radio spectrum in the European Union.

In the framework of such cooperation, the coordination of policy approaches in the field of radio spectrum in the European Union will be encouraged and, where appropriate, the harmonisation of the conditions necessary for the creation and the functioning of the internal market for electronic communications. To this end, account shall be taken, inter alia, of the economic, security, health, public interest, freedom of expression, cultural, scientific, social and technical aspects of the policies of the European Union, as well as the various the interests of the spectrum user communities, always taking into account the need to ensure efficient and effective use of radio frequencies and benefits for consumers, such as the realisation of economies of scale and interoperability of services.

3. In particular, they are principles applicable to the administration of radio public domain, inter alia, the following:

a) Ensure efficient and efficient use of this resource.

b) Promote technology and service neutrality, and the secondary market for spectrum.

c) Encourage greater competition in the electronic communications market.

4. The administration of radio public domain aims to establish a legal framework that ensures harmonised conditions for its use and allows for its availability and efficient use, and covers a set of actions which includes the following:

a) Planning: Elaboration and approval of utilization plans.

b) Management: Establishment, in accordance with the prior planning, of the technical operating conditions and the granting of the rights of use.

(c) Control: Technical verification of emissions, detection and elimination of interference, technical inspection of radio equipment, equipment and radio equipment, as well as control of the placing on the market of such devices.

Likewise, it includes the protection of the radio public domain, consisting, among other actions, in the performance of emissions without substantive content in those frequencies and radio channels whose rights use, in the relevant territorial area, not granted, irrespective of whether such frequencies or radio channels are subject to the practice of occupation or effective use.

d) Application of the sanctioning regime.

5. The use of radio frequencies via satellite networks is included within the administration of the public radio domain.

Likewise, the use of the public radio domain necessary for the use of the orbit-spectrum resources in the field of Spanish sovereignty and through communications satellites is reserved for the State. Its exploitation shall be subject to international law and shall be carried out, in the form that by means of royal decree is determined, by its direct management by the State or by concession. In any case, management may also be carried out by means of concerts with international bodies.

Article 61. Government powers for the administration of radio public domain.

The government will develop by royal decree the conditions for the proper administration of the radio public domain. In that royal decree, at least the following shall be regulated:

(a) The procedure for drawing up plans for the use of radio spectrum, including the National Frequency Allocation Table, the national technical plans for broadcasting and television, the approval shall be the responsibility of the Government, and the radio spectrum needs for national defence. The data relating to the latter subject shall be reserved.

b) The procedure for determining, controlling and inspecting the unique levels of tolerable radio emission and which do not pose a danger to public health, which must be respected in any case and time by different installations or infrastructures to be installed and already installed that make use of the public radio domain. The determination of these unique levels of tolerable radio emission will take into account both technical criteria in the use of the public radio domain, as well as criteria for the preservation of human health, and in accordance with the provisions of the European Commission's recommendations. Such limits should be respected, in any case, by the other public administrations, both autonomic and local.

(c) The procedures, deadlines and conditions for enabling the exercise of the rights of use of the radio public domain, covering the form of general authorisation, individual authorisation, affectation or concession administrative.

In particular, open procedures for the granting of rights of use for radio public domain will be regulated, which will be based on objective, transparent, non-discriminatory and proportionate criteria and will have Among other circumstances, the technology used, the interest of the services, the bands and their degree of exploitation. They shall also take into account the economic assessment for the person concerned of the use of the public domain, as this is a scarce resource and, where appropriate, the tenders submitted by the tenderers.

Notwithstanding the above, where it is necessary to grant individual rights of use of radio frequencies to providers of radio or television content services to achieve an objective of interest In accordance with the provisions of Article 1 (2) of Regulation (EU) No. 1 of the European Parliament and of the Council

d) The procedure for the reallocation of the use of frequency bands with the aim of achieving more efficient use of radio spectrum, depending on their suitability for the provision of new services or the use of radio spectrum the assessment of technologies, which may include the timing of actions and the assessment of the costs associated, in particular, those caused to the holders of rights of use affected by these reallocation actions, which may be considered compensated through an economic fund or any other compensation mechanism to be established.

(e) Non-discriminatory, proportionate and transparent conditions associated with the enabling titles for the use of radio public domain, including those necessary to ensure effective use and the efficient use of the frequencies and the commitments entered into by the operators in the tendering procedures provided for in Article 63. These conditions will seek to promote in any case the achievement of the greatest possible benefits for users, as well as to maintain sufficient incentives for investment and innovation.

(f) The conditions for the granting of enabling titles for the use of radio public domain for experimental purposes or short-term events.

g) The proper use of radio spectrum through the use of equipment and apparatus.

Article 62. Enabling titles for the use of radio public domain.

1. The use of radio public domain may be common, special or proprietary.

The common use of the public radio domain shall not require any enabling title and shall be carried out in the frequency bands and with the technical characteristics to be established for this purpose.

The special use of radio public domain is the use of the frequency bands that are enabled for their exploitation in a shared way, without limitation of the number of operators or users and with the conditions techniques and for the services to be established in each case.

The private use of the public radio domain is the one that is carried out either by the exclusive exploitation or by a limited number of users of certain frequencies in the same physical scope of application.

2. The enabling titles by which rights of use of the public radio domain are granted shall take the form of general authorisation, individual authorisation, affectation or administrative concession. The time limit for the granting of the qualifying titles shall be six weeks from the entry of the application in any of the records of the competent administrative body, without prejudice to the provisions of the rights of use with limitation. number. Such time limit shall not apply where international frequency coordination is necessary or affects stocks of orbital positions.

3. The granting of rights of use for the public radio domain shall take the form of general authorisation in the cases of special use of the frequency bands enabled for that purpose through public communications networks. electronic communications operators installed or operated by electronic communications operators.

The general authorisation shall be deemed to be granted without further processing than the notification to the Secretary of State for Telecommunications and the Information Society, through the procedure and with the requirements to be established. by order of the Ministry of Industry, Energy and Tourism, without prejudice to the obligation to pay the corresponding fees. Where the State Secretariat finds that the notification does not meet the requirements set out above, it shall give a reasoned decision within a maximum period of 15 days, not taking that period.

4. The granting of rights of use for the radio public domain shall take the form of individual authorisation in the following cases:

(a) If this is a reservation of special use rights by radio amateurs or others without economic content in whose specific regulation it is established.

(b) If the right of private use is granted for self-provision by the applicant, except in the case of public administrations, which will require demanial involvement.

5. In the rest of the cases not covered by the above paragraphs, the right to the private use of radio broadcasting will require an administrative concession. In order to grant such a concession, it will be a prerequisite for applicants to have the status of an electronic communications operator and that there are no prohibitions on them for contracting regulated in the recast text of the Directive. Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November.

The concessions for the private use of the public domain reserved for the provision of audiovisual services will be granted by the Secretariat of State of Telecommunications and the Information Society of the audiovisual enabling title. The duration of these concessions shall be that of the audiovisual enabling title. In these cases, the operator in whose favour the concession is granted does not have to be the condition of an electronic communications operator but that of a provider of audiovisual services.

6. It is the responsibility of the Secretary of State for Telecommunications and the Information Society to grant the qualifying titles except in the case of the granting by the tendering procedure referred to in Article 63.

The resolutions by which the concessions of public domain will be granted will be dictated in the form and deadlines that will be established by royal decree that will establish, likewise, the information that will be made public on those concessions.

7. Those who were selected for the provision of harmonised electronic communications services in tendering procedures called by the institutions of the European Union in which the reserve is established in their favour use of the public radio domain, shall be registered as a trade in the Register of operators. The Minister of State for Telecommunications and the Information Society shall grant the demanial concession to the abovementioned operators. Such concessions shall include, inter alia, the conditions to be laid down in the tendering procedures, as well as the undertakings acquired by the operator in that procedure.

8. In the National Frequency Allocation Table or in the regulatory specifications of the tendering procedures for the granting of enabling securities, they may be used to prevent speculative behaviour or rights of use of the radio public domain, in particular by setting limits on the amount of frequencies to be used by the same operator or business group or the setting of strict deadlines for the exploitation of the rights of use by the holder. To this end, the Ministry of Industry, Energy and Tourism may adopt measures such as ordering the sale or transfer of rights to use radio frequencies. These channels shall be established and applied in such a way as to be proportionate, non-discriminatory and transparent.

9. Prior to the use of the radio public domain, the approval of the technical project and the inspection or favourable recognition of the facilities by the Secretary of State for Telecommunications shall be required. and for the Information Society, in order to verify that they conform to the conditions previously authorized.

Depending on the nature of the service, the frequency band used, the technical importance of the facilities used or for reasons of efficiency in spectrum management, the approval of the spectrum may be replaced. technical project by a responsible declaration in accordance with Article 71a of Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the common administrative procedure, without prejudice to the that the Secretary of State for Telecommunications and the Information Society can require at any time the presentation of the technical project. The replacement of the prior inspection by a certificate issued by a competent technician may also be agreed.

10. Operators operating the electronic communications networks or services that make use of the public radio domain shall have the corresponding enabling title of such use.

Operators who are to perform materially radio emissions through the use of the public radio domain for the purpose of other persons or entities shall verify, in advance at the start of such broadcasts, that the entities at the disposal of which they place their network hold the corresponding enabling title in the field of use of radio public domain. Such operators may not make their network available to the entities concerned and, as a result, may not give access to their network to such entities and shall not be able to make such emissions in the event of the absence of such an enabling title.

Article 63. Enabling titles granted by a tender procedure.

1. Where necessary to ensure the efficient and efficient use of radio spectrum, taking due account of the need to achieve the maximum benefits for users and to facilitate the development of competition, the Ministry of Industry, Energy and Tourism may, after hearing the interested parties, including consumer and user associations, limit the number of demanial concessions to be granted on this domain for the exploitation of public networks and the provision of electronic communications services. Any decision to limit the granting of rights of use shall be published, stating the reasons therefor. The limitation of the number of qualifying titles shall be reviewed by the Ministry itself, either on its own initiative or at the request of a party, in so far as the reasons for which it has been given disappear.

2. Where, in accordance with the provisions of the previous paragraph, the Minister for Industry, Energy and Tourism limits the number of demanial concessions to be granted in a given frequency band, a tendering procedure shall be carried out for the granting of the same as it would in any case respect the principles of advertising, competition and non-discrimination for all interested parties. To this end, it shall be adopted by order of the Minister for Industry, Energy and Tourism, the invitation to tender and the statement of reasons for the invitation to tender.

The tendering procedure shall be resolved by order of the Minister for Industry, Energy and Tourism within a maximum period of eight months from the invitation to tender.

Article 64. Duration, modification, extinction and revocation of the enabling titles for the use of radio public domain.

1. The rights of private use of the public radio domain without limitation of number shall, in general, be granted for a period ending on 31 December of the calendar year in which they comply with their fifth year of validity, renewable by five-year periods depending on the availability and forecasts of the planning of such a public domain. By royal decree, the cases in which a period of different duration may be fixed for the rights of private use of the public radio domain without limitation may be determined.

2. The rights of private use with limitation of number shall have the duration provided for in the relevant tendering procedures, which shall in any case be a maximum of 20 years, including possible extensions and without the possibility of renewal. automatic. When determining in the tendering procedure the specific duration of the rights of use, account shall be taken of, among other criteria, the investments required and the time limits for their depreciation, the obligations linked to the rights of use, such as the minimum coverage to be imposed, and the frequency bands whose rights of use are granted, in terms of actual decree.

3. In accordance with the principles of objectivity and proportionality, taking into account primarily the needs of planning and efficient use and the availability of radio spectrum, in the terms established by means of a royal decree, The Ministry of Industry, Energy and Tourism may amend the qualifying titles for the use of the radio public domain, after hearing the person concerned.

When the securities have been awarded by the tender procedure, it will also require prior report of the National Commission of the Markets and Competition and Hearing of the Consumers and Users Council and, in its (a) of the most representative associations of the other users for a sufficient period of time, except in exceptional circumstances may not be less than four weeks. In these cases the amendment will be carried out by ministerial order, following a report from the Government's Delegation for Economic Affairs, which will set a deadline for the holders to adapt to it.

The modification of the enabling titles for the use of the radio public domain, in cases where it is justified to establish conditions other than those that existed when the title was granted, may consist of to extend the duration of existing rights, even beyond the durations set out in the previous paragraphs.

4. The enabling titles for the use of the public domain shall be extinguished by:

(a) The causes that are applicable from those referred to in Article 100 of Law 33/2003, of 3 November, of a Heritage of Public Administrations.

(b) Death of the holder of the right of use of the public radio or radio domain of the titular legal person.

(c) Renunciation of the holder, with effect from its acceptance by the competent body of the Ministry of Industry, Energy and Tourism.

d) Loss of the operator status of the holder of the right of use of the radio public domain, where such condition is necessary, or any cause that makes it impossible for the service to be provided by its owner.

e) Lack of payment of the fee for the reservation of radio public domain.

f) Loss of adequacy of the technical characteristics of the network to the National Frequency Attribution Table, without the possibility of granting the holder other bands.

g) Mutual agreement between the holder and the competent authority of the Ministry of Industry, Energy and Tourism.

h) The length of time for which they were granted. In the case of rights of use without limitation of number, for the duration of the time for which they were granted without the renewal of the rights.

i) For serious and repeated non-compliance with the obligations of the holder referred to as a cause of revocation.

(j) Those other causes to be established in the enabling title, in accordance with this Law.

5. The competent body of the Ministry of Industry, Energy and Tourism, through the general administrative procedure of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, may agree to revoke the enabling titles for the use of the radio public domain for the following reasons:

(a) Failure to comply with the technical conditions and requirements applicable to the use of radio public domain.

b) Not to pay the Documented Legal Acts and Heritage Transmissions Tax.

c) Not to make effective or efficient use of radio public domain.

(d) The successive revocation of two administrative authorisations for the transfer of title or transfer of rights of use of the public radio domain over the same enabling title within one year.

e) The use of the frequencies for purposes other than those that led to their assignment or for other purposes other than those of the provision of the service or the exercise of the activity that has motivated their assignment.

Article 65. Active protection of radio public domain.

1. The Secretariat of State of Telecommunications and the Information Society, at any time, may make active protection of the radio public domain by means of the performance of emissions without substantive content in those radio frequencies and channels whose rights of use, in the relevant territorial area, have not been granted.

This power will be exercised without prejudice to the inspection and sanctioning actions that may be carried out to purge the responsibilities that could have been incurred for the use of the public radio domain. without the provision of an enabling title, the production of harmful interference or the commission of any other offence established under the sanctioning regime set out in Title VIII of this Law.

2. By royal decree, the procedure for the exercise of the right of active protection of the radio public domain shall be regulated in the event that the radio frequency or channel is the subject of an occupation or effective use without has an enabling title, subject to the following rules:

(a) The occupation or effective use of the radio frequency or channel shall be established without the enabling title being available for this purpose.

(b) a prior hearing shall be made to the natural or legal person who is carrying out the occupation or the use of the radio frequency or channel without the enabling title or, where appropriate, the holder of the infrastructure; of the estate or the building from which the issue occurs at that frequency, so that within 10 working days, whatever it deems appropriate.

(c) Where appropriate, once the prior hearing has been carried out, the person or holder mentioned above shall be required to withdraw the procedure, so that, within 8 working days, the emissions cease to be discharged. not authorized.

(d) Where the cessation of unauthorised emissions is not appropriate, the Secretary of State for Telecommunications and the Information Society may initiate their broadcasts at such frequency or radio channel.

Article 66. Technological and service neutrality in the use of radio public domain.

1. In the radio frequency bands declared available for electronic communications services in the National Frequency Attribution Table, any technology used for the communications services may be used. electronic in accordance with the law of the European Union.

May, however, provide for proportionate and non-discriminatory restrictions on the types of wireless access technology or radio network used for electronic communications services where necessary for:

a) Avoid harmful interference.

b) Protecting public health from electromagnetic fields.

c) Ensure the technical quality of the service.

d) Ensure maximum shared use of radio frequencies.

e) Ensure efficient use of spectrum.

f) Ensuring the achievement of an objective of general interest.

2. In the radio frequency bands declared available for electronic communications services in the National Frequency Attribution Table, any type of electronic communications services may be provided, in accordance with the law of the European Union.

May, however, provide for proportionate and non-discriminatory restrictions on the types of electronic communications services to be provided, including, where appropriate, compliance with a requirement of the Radio communications from the International Telecommunication Union.

Measures requiring an electronic communications service to be provided in a specific band available for electronic communications services should be justified in order to ensure the achievement of the objectives of the electronic communications services. general interest defined in accordance with European Union law, such as:

a) The security of life.

b) The promotion of social, regional or territorial cohesion.

c) The avoidance of inefficient use of radio frequencies.

d) The promotion of cultural and linguistic diversity and media pluralism, for example by providing broadcasting and television services.

Only the specific allocation of a frequency band for the provision of a given electronic communications service shall be imposed where justified by the need to protect services related to the security of life or, exceptionally, where it is necessary to achieve objectives of general interest defined in accordance with European Union law.

3. Restrictions on the use of frequency bands which, where appropriate, are established in accordance with the above paragraphs may be adopted only after the interested parties have been given the opportunity to comment on the proposed measure, within a reasonable time.

4. Periodically, the Secretariat of State of Telecommunications and the Information Society shall review the relevance of maintaining restrictions on the use of frequency bands which, where appropriate, are established in accordance with the the results of these reviews shall be made public by the public, and shall be submitted by the competent body for approval.

Article 67. Secondary market in radio public domain.

1. The enabling titles for use of the radio public domain may be transferred and the rights of use of the radio public domain may be transferred, either in whole or in part, under the conditions of authorisation to be established. by royal decree.

In that royal decree, equally, the frequency bands in which the transfer of title or assignment of rights of use of radio public domain, in particular, the bands, can be carried out of frequencies that are identified in the case of the European Union as the case may be.

2. In the case of total or partial disposal, it shall in no case exempt the holder of the right of use of the obligations assumed in relation to the Administration. Any transfer of the enabling title or transfer of rights of use of the radio public domain shall in any event respect the technical conditions of use set out in the National Frequency Attribution Table or in the plans technical measures or those which, where appropriate, are laid down in the technical implementing measures of the European Union.

3. By royal decree, restrictions on the transfer or lease of individual rights of use of radio frequencies shall be established where such rights were initially obtained free of charge.

TITLE VI

Telecom administration

Article 68. Powers of the General Administration of the State and its public bodies.

1. They will have the consideration of the National Telecommunications Regulatory Authority:

a) The Government.

b) The higher bodies and directors of the Ministry of Industry, Energy and Tourism, which, in accordance with the department's organizational structure, assume the responsibilities assigned to this ministry in matters regulated by the department. Law.

c) The higher and managerial bodies of the Ministry of Economy and Competitiveness, which, in accordance with the department's organizational structure, assume the responsibilities assigned to this ministry in matters regulated by the department. Law.

d) The National Commission on Markets and Competition in the exercise of the powers assigned to it in matters governed by this Law.

2. In the development of the powers entrusted to them, the national regulatory authorities referred to in paragraph 1 shall cooperate with each other, with the other control bodies of other States and with the relevant bodies of the European Union, in order to promote the consistent application of Community legislation in the field of electronic communications and to contribute to the development of the internal market. To this end, they will actively support the objectives of the Commission and the Body of European Regulators for Electronic Communications (BEREC) to promote greater coordination. They will also work with both institutions to determine which types of instruments and solutions are best suited to address particular market situations.

3. In the development of the powers entrusted to the national regulatory authorities referred to in paragraph 1, they shall apply objective, transparent, non-discriminatory and proportionate regulatory principles, in accordance with the following purposes and criteria:

a) Promote a predictable regulatory environment, ensuring a consistent regulatory approach to appropriate review periods.

b) Promote efficient market-oriented investment and innovation in new and improved infrastructure, including by ensuring that any obligation on access takes due account of the risks incurred by the investment firms, and to allow for different forms of cooperation between investors and parties requesting access, in order to diversify the risk of investments and to ensure that competition is respected in the market and in the principle of non-discrimination.

(c) Impose specific obligations only where there is no effective and sustainable competition, and to abolish such obligations as soon as such conditions are met.

(d) Ensure that, in similar circumstances, discriminatory treatment is not provided for companies providing electronic communications networks and services.

e) Safeguarding competition for the benefit of consumers and promoting, where possible, infrastructure-based competition.

f) Taking due account of the variety of conditions in terms of competition and consumers in the various geographical regions.

g) Exercise their responsibilities in such a way as to promote efficiency, sustainable competition and maximum benefit for end users.

Article 69. Ministry of Industry, Energy and Tourism.

The higher bodies and directors of the Ministry of Industry, Energy and Tourism, which, in accordance with the department's organizational structure, assume the powers assigned to this ministry, will exercise the following powers: functions:

(a) Execute the policy adopted by the Government in the telecommunications services for national defense and civil protection referred to in Article 4 of this Law.

b) Manage the Operator Registry.

(c) Exercise the competences that, in terms of access to the associated networks and resources, interoperability and interconnection attributes to it the present Law and its regulatory development, in particular, in the following assumptions:

1. In the tendering procedures for obtaining rights of use for the public radio domain.

2. Where necessary to ensure compliance with the rules on personal data and protection of privacy in the electronic communications sector.

3. Where necessary to ensure compliance with international commitments in the field of telecommunications.

d) Propose to the Government the approval of the national numbering, routing and naming plans, the granting of the rights of use of the public resources regulated in those plans and the exercise of the others powers conferred on him by Chapter V of Title II of this Law.

e) Propose to the Government the policy to be followed to facilitate the development and evolution of the public service obligations referred to in Chapter I of Title III and develop it by taking on the responsibility of monitoring and monitoring of public service obligations that correspond to the different operators in the operation of networks or the provision of electronic communications services.

(f) Propose the policy to the Government to continue to recognise and guarantee public rights and obligations in the exploitation of networks and in the provision of electronic communications services as well as the rights of the end users referred to in Chapters II, III and V of Title III.

g) Manage the Registry of Telecom Installers.

h) Formulate the proposals for the development of regulations on the common infrastructures of electronic communications in the interior of buildings and property sets, and the follow-up of its implementation in Spain.

i) Exercise the functions of the conformity assessment of equipment and apparatus referred to in Title IV.

j) Exercise the functions in the field of administration of the radio public domain referred to in Title V. In particular, it shall perform the following functions:

1. The proposal for the planning, management and control of the radio public domain, as well as the processing and the granting of the enabling titles for their use.

2. The exercise of the functions conferred on the General Administration of the State in matters of authorization and inspection of radio installations in relation to the permitted levels of radio emission permitted as referred to in the Article 61 of this Act.

3. The management of a public register of radio frequencies, accessible via the Internet, in which the holders of administrative concessions for the private use of the public radio domain shall be established.

4. The development of projects and the development of national technical broadcasting and television plans.

5. The technical verification of radio emissions for the identification, location and elimination of harmful interference, infringements, irregularities and disturbances of radio communication systems, and verification of use effective and efficient radio public domain by the holders of rights of use.

6. The protection of the radio public domain, for which it may, among other actions, carry out emissions in those frequencies and radio channels whose rights of use, in the relevant territorial area, have not been granted.

7. Management of the allocation of orbit-spectrum resources for satellite communications.

8. The preparation of studies and reports and, in general, the advice of the General Administration of the State regarding the administration of radio public domain.

9. Participation in international bodies related to radio spectrum planning.

k) Manage the telecommunications charges referred to in this Law by voluntary period.

(l) Exercise the functions of management, settlement, inspection and collection on a voluntary basis of contributions to be made by the telecommunications operators and by the private providers of the communication service Television audiovisual, of a geographical scope state or higher than that of an Autonomous Community, governed by Articles 5 and 6 of Law 8/2009, of 28 August, of financing of the Spanish Radio and Television Corporation.

m) Perform the functions expressly attributed by the Community regulations, this Law and its implementing regulations.

n) Perform any other functions that are attributed to you by law or by royal decree.

Article 70. The National Commission on Markets and Competition.

1. The nature, functions, structure, personnel, budget and other matters that form the National Commission of the Markets and the Competition are regulated in the Law of creation of the National Commission of the Markets and the Competition.

2. In particular, in matters governed by this Law, the National Markets and Competition Commission shall perform the following tasks:

(a) Define and analyse the relevant markets for electronic communications networks and services, including the relevant wholesale and retail reference markets, and the geographical scope of the same, the characteristics of which may justify the imposition of specific obligations under the terms set out in Article 13 of this Law and its implementing rules.

(b) Identify the operator or operators that have significant market power when the analysis of the relevant markets is found to be undeveloped in an effective competition environment.

(c) Establish, where appropriate, the specific obligations that correspond to operators with significant power in reference markets, in the terms set out in Article 14 of this Law and its rules of development.

d) Resolve conflicts in the electronic communications markets referred to in Article 15 of this Law.

In particular, it will be up to it to resolve disputes between operators concerning the determination of the specific conditions for the implementation of the obligation imposed by the Ministry of Industry, Energy and Tourism. shared use of the public domain or private property, or the shared location of the associated infrastructure and resources, in accordance with the procedure laid down in Article 32 of this Law, as well as resolving disputes over the access to infrastructure capable of hosting public communications networks electronic communications networks and the access to electronic communications networks owned by the bodies or entities managing the transport infrastructure of the state, in accordance with Articles 37 and 38 of this Law.

e) Deciding the imposition, as an exceptional measure, of operators with significant power in the integrated market vertically, of the functional separation obligation in accordance with the requirements and procedures indicated in the Article 16 of this Law.

f) Set the characteristics and conditions for the conservation of the numbers in application of the technical and administrative aspects that by means of royal decree are established for this to be carried out.

g) to intervene in relations between operators or between operators and other entities benefiting from the obligations of access and interconnection, with a view to promoting and, where appropriate, ensuring the adequacy of access, interconnection and interoperability of services, in the terms set out in Article 12 of this Law and its implementing rules.

h) Determine the amount of the net cost in the provision of the universal service, as referred to in Article 27 of this Law.

i) Define and review the methodology for determining the net cost of universal service, both in terms of cost allocation and revenue allocation, which should be based on objective procedures and criteria, transparent, non-discriminatory and proportionate and having a public character.

j) Establish the procedure for quantifying the non-cash benefits obtained by the operator or operators responsible for the provision of the universal service.

k) Decide to impose obligations on operators who have application program interfaces (APIs) and electronic programming guides (EPGs) to facilitate access to these resources, to the extent that they are necessary to ensure the access of end-users to certain digital broadcasting and television services.

l) To be consulted by the Government and the Ministry of Industry, Energy and Tourism in the field of electronic communications, particularly in matters that may affect the free and competitive development of the market. It may also be consulted on electronic communications by the Autonomous Communities and local corporations.

In the exercise of this role, you will participate, through a report, in the process of drawing up rules that affect your field of competences in the field of electronic communications.

m) To perform the arbitration functions, both in law and equity, that are submitted to you by the electronic communications operators in application of Law 60/2003, of December 23, of Arbitration.

n) Perform the functions expressly attributed by the Community legislation, this Law and its implementing regulations.

n) Perform any other functions that are attributed to you by law or by royal decree.

TITLE VII

Telecommunications Rates

Article 71. Fees for telecommunications.

1. The telecommunications charges managed by the General Administration of the State shall be as set out in Annex I to this Act.

2. Such fees shall be intended to:

(a) Cover the administrative costs incurred by the regulatory work relating to the preparation and implementation of secondary Community law and administrative acts, such as those relating to interconnection and access.

b) Those that cause the management, control and enforcement of the regime established in this Law.

(c) Those that cause the management, control and enforcement of the rights of occupation of the public domain, the rights of use of the radio public domain and the numbering.

d) The management of the notifications under Article 6 of this Law.

e) The costs of international cooperation, harmonization and standardisation and market analysis.

3. Without prejudice to paragraph 2, the fees established for the use of the radio public domain, the numbering and the public domain necessary for the installation of electronic communications networks shall be for the purposes of the the need to ensure the optimal use of these resources, taking into account the value of the good used and its scarcity. Such fees shall be non-discriminatory, transparent, objectively justified and proportionate to their purpose. They shall also promote compliance with the objectives and principles set out in Article 3, in terms of the actual decree.

4. The fees referred to in the preceding paragraphs shall be imposed in an objective, transparent and proportionate manner in such a way as to minimise the additional administrative costs and charges arising therefrom.

5. The administrative review of the acts of application, management and collection of telecommunications charges shall be subject to the provisions of Article 22.3 of Law 8/1989 of 13 April 1989 on Public Fees and Prices.

6. The Ministry of Industry, Energy and Tourism, in respect of the fees referred to in paragraph 1, and the competent authorities which manage and liquidate subsucible fees in paragraph 2 of this Article shall publish an annual summary of the administrative expenditure justifying their imposition and the total amount of the collection. In addition, the competent authorities which manage and liquidate sub-subsucible fees in paragraph 3 of this Article shall publish annually the total amount of collection obtained from network operators and communications services. electronic.

TITLE VIII

Inspection and sanctioning regime

Article 72. Inspecting functions.

1. The inspector's role in the field of telecommunications is:

a) The Ministry of Industry, Energy and Tourism.

b) The National Commission on Markets and Competition.

2. The Ministry of Industry, Energy and Tourism will be responsible for the inspection:

(a) The services and networks of electronic communications and their conditions of provision and exploitation.

(b) Equipment, equipment, installations and civil systems.

c) The radio public domain.

d) Of the additional charging services that are supported on electronic communications networks and services.

3. It will be for the National Commission of the Markets and the Competition, in the terms established in the Law of creation of the National Commission of the Markets and the Competition, the inspection of the activities of the telecom operators in respect of which it has jurisdiction to comply with this Law.

4. In order to carry out certain technical inspection activities, the National Commission for Markets and Competition, in matters falling within its competence in the field of application of this Law, may request the action of the Ministry of Industry, Energy and Tourism.

Article 73. Inspection powers.

1. The officials assigned to the Secretariat of State for Telecommunications and the Information Society of the Ministry of Industry, Energy and Tourism have, in the exercise of their functions in the field of telecommunications, the consideration of public authority and may request, through the appropriate governmental authority, the necessary support from the Corps and the Security Forces.

2. Operators or those carrying out the activities referred to in this Law shall be obliged to provide the inspection staff, in the performance of their duties, with access to their facilities. They shall also allow such personnel to carry out the control of the elements affected by the services or activities they perform, of the networks they install or operate and of how many documents they are required to hold or retain.

The holders of property or real estate in which equipment, stations or any kind of telecommunications facilities are located shall have the obligation to allow access to such goods by the staff of the Inspection referred to in this Article. For these purposes, access by the Inspection staff to the aforementioned estates or buildings shall require the consent of such holders or judicial authorization only when it is necessary to enter a constitutionally protected address or make records in the same. The courts of the Administrative-Administrative Board shall resolve the granting of the judicial authorization within the maximum period of 72 hours.

3. The operators or those who carry out the activities referred to in this Law are obliged to make available to the inspection personnel how many books, records and documents, whatever their support, and technical means it considers accurate, including software and magnetic, optical or any other class.

You must also provide, at your request, any type of documentation required by the Inspection personnel for the determination of the ownership of the equipment or the authorship of emissions or activities.

4. The obligations laid down in the two preceding paragraphs shall be required from the operators or those who carry out the activities referred to in this Law and who are directly responsible for the operation of the network, the provision of the service or the performance of the activity regulated by this Law, and they will also be required to those who support the above actions, to the owners of the estates or the buildings where equipment or telecommunications facilities are located, to the associations of companies and administrators and other staff members of all of them.

5. The operators or those carrying out the activities referred to in this Law are obliged to submit to the inspections of the officials of the Ministry of Industry, Energy and Tourism. The refusal or obstruction of access to the property or property or to the provision of the information or documentation required shall be sanctioned, in accordance with the following articles of this title, as obstruction of the inspector's work.

6. In particular, the inspection staff shall have the following powers:

a) Precise all premises, facilities, equipment, books or documents and other assets of the company over time and to the extent necessary for the inspection.

b) Perform checks, measurements, obtaining photographs, videos, and image or sound recordings.

7. The inspection, verification or investigation carried out by the Ministry of Industry, Energy and Tourism may be carried out at the choice of its services:

a) In any office, office, or dependency of the person or entity inspected or who represents them.

b) In the premises of the Ministry of Industry, Energy and Tourism.

(c) In any office, office, dependency or place where evidence of the facts is available for inspection.

8. The staff of the Inspection of the Ministry of Industry, Energy and Tourism, for the purpose of the performance of the functions provided for in this article, will have free access to all public records, in particular, in the Registers of the Property and Market access to registration information shall be made by electronic means, in the form determined in their regulatory regulations.

Article 74. Liability for infringements in the field of telecommunications.

Administrative responsibility for breaches of the regulatory standards for telecommunications will be enforceable:

(a) In the event of non-compliance with the conditions laid down for the operation of networks or the provision of electronic communications services, the natural or legal person who develops the activity.

(b) In those committed for the purpose of the operation of networks or the provision of services without having made the notification referred to in Article 6 of this Law or without having an enabling title for the use of the public domain radio when such a title is necessary, to the natural or legal person performing the activity.

To identify the natural or legal person who performs the activity, collaboration may be requested from the natural or legal person who has the availability of the equipment and facilities for any legal title valid in the right or lack thereof or the natural or legal person who holds the farm or property where the equipment and facilities are located. If such collaboration is not provided in such a way that such natural or legal person participates in an essential manner in the conduct of the offender, it shall be deemed to be responsible for the offences committed by the person who carries out the activity. This liability is in solidarity with the requirement of the natural or legal person who performs the activity.

(c) In those committed by the users, by the telecommunications companies, by the economic operators concerned with telecommunications equipment and equipment or by other persons who, without being included in the (a) the following paragraphs, which are regulated in the telecommunications legislation, are carried out by the natural or legal person whose action is established by the infringement or to which the relevant rules specifically attribute the responsibility.

Article 75. Classification of the infringements.

Breaches of telecommunications regulatory standards are classified as very serious, severe and mild.

Article 76. Very serious infringements.

Serious violations are considered:

1. The performance of activities without the availability of timely enablement in the matters governed by this Law, when legally necessary.

2. Failure to comply with the requirements for the operation of the networks and the provision of electronic communications services provided for in Articles 6.1 and 6.2.

3. The use of radio-electric public domain, radio frequencies or radio channels without the provision of private use of the public radio domain referred to in Article 62, where it is legally necessary.

4. The use of radio spectrum, radio frequencies or radio channels not appropriate to the relevant radio spectrum use plan or to the National Frequency Attribution Table.

5. The performance of unauthorized radio emissions that violate or impair the development or implementation of the provisions of the Radio Public Domain Use Plans or the National Frequency Attribution Table.

6. Deliberate production, in Spain or in neighbouring countries, of interference defined as harmful in this Law, including those caused by radio stations which are installed or operating on board a ship, aircraft or aircraft of any other floating or airborne objects that transmit emissions from outside the Spanish territory for possible full or partial reception in this area.

7. Do not attend to the requirement of termination made by the Secretary of State of Telecommunications and the Information Society, in the alleged interference production.

8. The installation, putting into service or use of terminals or telecommunications equipment, both those making use of the public radio domain and those connected, directly or indirectly, to public electronic communications networks they have not assessed their conformity, in accordance with Title IV of this Law, if there is very serious damage to communications or networks.

9. The importation or wholesale sale of equipment or apparatus the conformity of which has not been assessed in accordance with the provisions of Title IV of this Law, or with international agreements or conventions concluded by the Spanish State.

10. The interception, without authorization, of telecommunications not intended for the general public, as well as the disclosure of the content.

11. Failure to comply with final decisions on an administrative basis or from the preliminary measures and precautionary measures referred to in Articles 81 and 82 of this Law issued by the Ministry of Industry, Energy and Tourism in the exercise of its powers functions in the field of electronic communications.

12. Failure to comply with final decisions on an administrative basis or the precautionary measures referred to in Article 82 of this Law issued by the National Commission on Markets and Competition in the exercise of its functions in the field of electronic communications, with the exception of those carried out in the arbitral proceedings prior to the voluntary submission of the parties.

13. Failure to comply with final decisions on administrative procedures relating to disputes claims between end users and operators.

14. The negligent installation of common telecommunications infrastructure within buildings and property sets which are the cause of very serious damage to public electronic communications networks.

15. Serious non-compliance by operators of the obligations in terms of access, interconnection and interoperability of the services to which they are subject to the current legislation.

16. Serious non-compliance with the established characteristics and conditions for the conservation of numbers.

17. The repeated non-compliance by means of a serious offence under the terms of Article 79.4 of this Law.

Article 77. Serious infringements.

Serious violations are considered:

1. The installation of radio stations without authorization, when, in accordance with the provisions of the regulatory regulations for telecommunications, is necessary, or the installation of radio stations with characteristics other than those of authorised or, where appropriate, those contained in the approved technical project, or of radio stations on board a vessel, an aircraft or any other floating or airborne object, which, at sea or outside, makes it possible to transmission of emissions from outside for possible full or partial reception in territory national.

2. The use of radio public domain under conditions other than those provided for in the appropriate enabling title referred to in Article 62, or, where appropriate, other than those approved in the technical project of the facilities, including using technical parameters other than the title itself, or sites other than approved or higher emission powers than those authorised, where it leads to alterations which make it more difficult to provide other services by other operators, in Spain or in neighbouring countries.

3. Non-compliance by holders of concessions for the private use of the public radio domain of the essential conditions imposed on them by the Ministry of Industry, Energy and Tourism.

4. The mere production, in Spain or in the neighbouring countries, of interference defined as harmful in this Law that are not included in the previous article.

5. The issuance of false or misleading identification signals.

6. To carry out radio broadcasts which fail to comply with the exposure limits laid down in Article 61 of this Law and to comply with the other safety measures laid down therein, including signalling obligations or fencing of the radio installations. It also contributes, by means of unauthorised emissions, to the serious breach of these limits.

7. The transfer of the enabling titles or the assignment of rights of use of the radio public domain, without complying with the requirements established to this effect by the law of development of this Law.

8. Failure to comply with the obligations arising out of the designations or accreditations made by the Telecommunications Administration in respect of the conformity assessment of telecommunications equipment and apparatus, in accordance with the European and national rules that apply to them.

9. The installation, putting into service or use of terminals or equipment connected to public electronic communications networks which have not assessed their conformity, in accordance with Title IV of this Law.

10. The sale or offer of sale, whether in establishments or by telematic or telephone means, of equipment or apparatus whose conformity with the applicable essential requirements has not been assessed in accordance with the provisions of Title IV of this Law or with the provisions, agreements or international conventions obliging the Spanish State.

11. The refusal or obstruction to be inspected, the non-collaboration with the inspection when it is required and the non-identification by the natural or legal person who has the availability of the equipment and facilities or is holder of the farm or immovable property where the equipment and facilities of the natural or legal person are located which operates networks or provides services without having made the notification referred to in Article 6 of this Law or without having an enabling title for use of the radio public domain where such a title is necessary.

12. The exercise of the activity of installation and maintenance of telecommunications equipment and systems without having made the declaration responsible or without complying with the requirements referred to in Article 59.

13. The negligent installation of common telecommunications infrastructure within buildings and property sets which are the cause of damage to public electronic communications networks, unless it is to be considered as an infringement very severe.

14. The alteration, manipulation or omission of the marking of the telecommunication equipment in any of the parts where the regulations are to be placed; the alteration of the documentation of the equipment or of the installation manuals; thus as the provision of information for the alteration of the technical characteristics or operating frequencies of the apparatus.

15. Failure by the cooperating entities of the Administration for the standardisation and approval of the technical requirements and the content of the authorisations or concerts affecting them, in accordance with the provisions of the Regulation is determined.

16. Refusal to comply with public service obligations as set out in Title III of the Law and its implementing regulations.

17. The refusal to comply with the conditions for the provision of services or the operation of electronic communications networks.

18. Late or defective compliance by the operators of the final decisions on the administrative basis relating to the dispute claims between the end users and the operators.

19. Failure to comply with the determining conditions of the privileges and the granting of the rights of use of the numbering resources included in the numbering plans.

20. Failure by operators to comply with obligations relating to the integrity and security of the provision of services or the operation of electronic communications networks.

21. Failure by operators of the obligations established for the shared use of the public domain or private ownership in which the public electronic communications networks are to be established or the shared use of the public domain infrastructure and associated resources.

22. Non-compliance by operators, or by the owners of the associated resources, of the obligations established for the shared use of the final sections of the access networks.

23. Failure to comply with obligations relating to the use of standards or technical specifications declared mandatory by the European Commission.

24. The alteration, manipulation or omission of the technical characteristics in the documentation of the common facilities for telecommunications in the interior of buildings and property sets that is presented to the Administration or to the owners.

25. Non-compliance by operators directly or indirectly controlled by public authorities with the obligations laid down in Article 9.

26. The late or defective enforcement of the final decisions on the administrative basis or of the preliminary measures and precautionary measures referred to in Articles 81 and 82 of this Law issued by the Ministry of Industry, Energy and Tourism in the exercise of their functions in the field of electronic communications.

27. The late or defective enforcement of the final decisions on the administrative basis or the precautionary measures referred to in Article 82 of this Law, which the National Commission of the Markets and the Competition has given in the exercise of its functions in the field of electronic communications, with the exception of those carried out in the arbitral proceedings prior to voluntary submission of the parties.

28. Failure by operators to comply with obligations in respect of access, interconnection and interoperability of the services to which they are subject under the current legislation.

29. The lack of notification to the Administration by the holder of an electronic communications network of the services being provided through it when this information is enforceable in accordance with the applicable rules.

30. The provision of public electronic communications networks in favour of entities for the use of radio broadcasts where the corresponding enabling title for the use of radio public domain is not held.

31. The issue of certifications of telecommunication facilities that do not match the reality.

32. The deliberate failure by operators to comply with the obligations in respect of the legal interception of communications imposed under Article 39 of this Law.

33. Cure traffic contrary to national and international numbering plans.

34. Cure irregular traffic for fraudulent purposes on public networks and publicly available electronic communications services.

35. Not to facilitate, where it is required in accordance with the rules of the electronic communications regulatory, the data required by the Administration after three months after the end of the period granted in the the information requirement or after the end of the period granted in the second requirement of the same information.

36. Failure to comply with the established characteristics and conditions for the conservation of numbers.

37. Serious infringement of the rights of consumers and end users, as set out in Title III of the Law and its implementing legislation.

38. The repeated non-compliance by offences typified as minor in the terms expressed in Article 79,4 of this Act.

Article 78. Minor infractions.

Are considered minor violations:

1. The production of any type of radio emission not authorised or not appropriate with the corresponding plan for the use of radio spectrum, unless it is to be considered as a serious or very serious infringement.

2. The establishment of communications using unauthorized stations.

3. The mere production of interference, in Spain or in neighbouring countries, when it should not be considered as a serious or very serious infringement.

4. Not to provide the data required by the Administration or to unreasonably delay its contribution where it is due in accordance with the provisions of the regulatory regulatory framework for electronic communications.

5. The use of radio-electric public domain, radio frequencies or radio channels without the provision of general authorisation, individual authorisation or demanial affectation for the use of the radio public domain referred to in the Article 62, where legally necessary.

6. The installation of radio-amateur radio stations lacking authorization.

7. Failure to comply with general authorisation holders, individual authorisations or demanial affectations for the use of public radio broadcasting of the essential conditions imposed on them by the Ministry of Industry, Energy and Tourism.

8. The operation of networks or the provision of electronic communications services without complying with the requirements required to carry out such activities laid down in this Law and its implementing rules other than those provided for in Articles 6.1 and 6.2.

9. The installation of telecommunications infrastructures without complying with the requirements set out in this Law, unless it is to be considered as a serious or very serious infringement.

10. Failure by operators to comply with the obligations in respect of the legal interception of communications imposed under Article 39 of this Law, where it is not qualified as a very serious or serious infringement.

11. Failure to comply with public service obligations, public obligations and the violation of the rights of consumers and end users, as set out in Title III of the Law and its implementing legislation.

12. Failure to comply with obligations in terms of quality of service.

13. The non-presentation of the documentation of the common telecommunications facilities to the administration or to the property, where such presentation is normatively mandatory.

Article 79. Penalties.

1. The following penalties shall be imposed by the commission of the offences referred to in the preceding Articles:

(a) For the commission of very serious infractions, the infringer shall be charged with a fine of up to twenty million euros.

For the commission of very serious infringements classified in which the National Commission of the Markets and the Competition has powers of sanction will be imposed on the infringer fine for amount not inferior to the (a) the gross profit obtained as a result of the acts or omissions in which the infringement consists. In case it is not possible to apply this criterion, the maximum penalty limit will be EUR 20 million.

(b) Very serious infringements, in the light of their circumstances, may result in the disabling of up to five years of the operator for the operation of networks or the provision of electronic communications services. It may also give rise to disabling up to five years for the exercise of the installer activity.

(c) For the commission of serious infringements the infringer shall be charged with a fine of up to two million euros.

By the commission of serious infringements classified in which the National Commission of the Markets and the Competition has sanctioning powers will be imposed on the infringer fine for the amount of up to the double of the gross profit obtained as a result of acts or omissions constituting those acts or, in the event that this criterion is not applicable, the maximum penalty limit shall be EUR 2 million.

d) For the commission of minor infractions a fine will be imposed on the infringer a fine of up to 50,000 euros.

2. Penalties imposed for any of the offences referred to in Articles 76 and 77, where it is required to be entitled to carry out the activity carried out by the infringer, may be carried out as an ancillary penalty. sealing or the seizure of equipment or equipment or the closure of installations as long as the said title is not available.

3. In addition to the penalty to be imposed on offenders, in the case of a legal person, a fine of up to EUR 5,000 may be imposed in the case of minor infringements, up to EUR 30 000 in the case of serious infringements and up to EUR 60 000 in the case of very serious infringements of their legal representatives or of the persons in the management bodies who have intervened in the agreement or decision.

Those persons who, as a part of the collective administration bodies, would not have attended the meetings or voted against or voted against, are excluded from the sanction.

4. For the purposes of this Act, the final penalty for two or more infractions of the same infringer type over the three-year period shall be considered to be a non-compliance.

Article 80. Criteria for determining the amount of the penalty.

1. The amount of the penalty imposed, within the limits indicated, shall be graduated taking into account, in addition to that provided for in Article 131.3 of Law No 30/1992, of 26 November 1992, of the Legal Regime of public and private administrations. Common Administrative Procedure, the following:

a) The severity of the violations previously committed by the subject to which it is sanctioned.

b) The social impact of the infringements.

c) The benefit that has been reported to the offender by the fact that the infringement was committed.

d) The damage caused and its repair.

e) The voluntary compliance with the precautionary measures that, if any, are imposed in the sanctioning procedure.

f) The refusal or obstruction of access to the facilities or to provide the required information or documentation.

g) The cessation of the infringing activity, previously or during the processing of the sanctioning file.

2. The financial situation of the offender shall also be taken into account in the fixing of the penalty, as a result of his or her assets, income, potential family costs and other personal circumstances that prove to be affecting him.

The infringer shall, where appropriate, be obliged to pay the fees which it would have had to satisfy in the event of the notification referred to in Article 6 or having enjoyed a title for the use of the radio public domain.

Article 81. Measures prior to the sanctioning procedure.

1. Prior to the initiation of the sanctioning procedure, the competent authority of the Ministry of Industry, Energy and Tourism may order, by means of a decision without prior hearing, the cessation of the alleged infringing activity where there are reasons for imperative urgency based on any of the following assumptions:

(a) Where serious injury to the functioning of the Public Security, Civil Protection and Emergency Services may occur from the alleged infringing activity.

b) When the performance of the alleged infringing activity may endanger human life.

c) When seriously interfering with other electronic communications networks or services.

2. This order shall be addressed to any individual who is in a position to implement such a cessation, without prejudice to the subsequent delimitation of responsibilities in the relevant sanctioning procedure. For enforcement, the resolution may provide that, through the Government Authority, support is provided by the Corps and the Security Forces.

The resolution shall determine the objective and temporal scope of the measure, without exceeding the one-month time limit.

Article 82. Precautionary measures in the sanctioning procedure.

1. The infringements referred to in Articles 76 and 77 may give rise to the adoption of precautionary measures, following the initiation of the case-sanctioning file, which, in accordance with Article 136 of Law No 30/1992 of 26 November 1992, The legal framework for public administrations and the Common Administrative Procedure may consist of

following:

a) Order the immediate cessation of unauthorized radio emissions.

b) Order to immediately cease any other allegedly infringing activity.

Among Them,

(i) issuing orders to terminate the provision of a service or a number of services, or to defer it where such provision may result in serious prejudice to competition, until the obligations are fulfilled; (a) specific measures imposed following a market analysis pursuant to Article 14. This measure, together with the reasons on which it is based, will be communicated to the operator concerned without delay, setting a reasonable time for the company to comply with it.

(ii) Prevent an operator from continuing to supply electronic communications networks or services or to suspend or withdraw its rights of use, in the event of a serious and repeated failure to comply with the conditions laid down for the provision for the provision of services or the operation of networks or for the granting of rights of use or of specific obligations which would have been imposed, where the measures intended to require the cessation of the infringement have failed.

(iii) Adopt provisional emergency measures to remedy breaches of the conditions laid down for the provision of services or the exploitation of networks or for the granting of rights of use or of specific obligations that would have been imposed, where they represent an immediate and serious threat to public safety or public health or create serious economic or operational problems for other suppliers or users of the spectrum radio. The interested operator should subsequently be offered the possibility to propose possible solutions. Where appropriate, the competent authority may confirm the provisional measures, which may be maintained until the resolution terminating the sanctioning procedure.

(c) The sealing of equipment or installations which the infringer would have used, where applicable, the subsidiary execution scheme provided for in Article 98 of that Act.

(d) The withdrawal from the market of equipment and equipment which has allegedly not been assessed in accordance with the applicable rules.

e) The provisional suspension of the effectiveness of the title and the provisional closure of the facilities, for a maximum period of six months.

2. Where the infringer does not have an enabling title for the occupation or use of the public radio domain, or if the infringement exceeds the levels of radio emissions laid down in the provisions of Article 61, the measure The precautionary measure referred to in paragraph (a) of the preceding paragraph shall be included in the agreement to initiate the sanctioning file in order to safeguard the correct use of that public domain.

3. Without prejudice to the cases in which this provision sets a maximum period of time, the precautionary measures may be maintained until the resolution of the sanctioning procedure, provided that it is deemed necessary to ensure the effectiveness of the final resolution that could be passed on. By way of derogation, the precautionary measure for the withdrawal from the market of equipment and apparatus the conformity of which has not been assessed in accordance with the applicable rules shall be lifted when the assessment of the assessment is established. conformity of the equipment and apparatus concerned.

Article 83. Prescription.

1. The infringements regulated in this Law will prescribe, the very serious, at three years; the serious ones, at two years, and the mild ones, per year.

The limitation period for infringements shall begin to be taken into account from the day on which they were committed. The prescription of initiation, with the knowledge of the person concerned, of the sanctioning procedure shall be interrupted. The limitation period shall be returned if the penalty file has been brought to a standstill for more than one month for reasons not attributable to the alleged person responsible.

In the case of continued infringement, the initial date of the computation shall be that in which the infringing activity ceases to be carried out or the last act with which the infringement is consumed. However, the infringement shall be deemed to persist as long as the equipment, equipment or installations covered by the file is not available to the Administration or is satisfied with its impossibility of use.

2. The penalties imposed for very serious offences shall be imposed at three years; those imposed for serious misconduct, at two years, and those imposed for minor offences, per year. The limitation period for penalties shall begin to be taken into account from the day following that in which the decision imposing the sanction is final. The limitation period shall be interrupted by the initiation, with the knowledge of the person concerned, of the execution procedure, the time limit being returned if the person is paralyzed for more than one month for reasons not attributable to the infringer.

Article 84. Sanctioning powers.

The sanctioning competition will be:

1. To the Secretary of State for Telecommunications and the Information Society, for the imposition of sanctions not referred to in the following paragraphs.

2. To the National Commission of the Markets and the Competition, in the material field of its action, in the case of very serious infringements as defined in Article 76 (12), (15) and (16), serious infringements as defined in paragraphs 11, 27, 28, 35 and 36 of Article 77 and minor infringements as defined in Article 78 (4).

3. To the Spanish Agency for the Protection of Data, in the case of serious infringements of Article 77, as defined in paragraph 37 and of minor infringements of Article 78, as defined in paragraph 11, where the rights of the end users on data protection and privacy recognised in Article 48.

4. The exercise of sanctioning powers shall be subject to the general procedure applicable to the performance of public administrations. However, the maximum duration of the procedure shall be one year and the time limit for claims shall not be less than one month.

Additional disposition first. Meaning of the terms used by this Act.

For the purposes of this Law, the terms defined in Annex II shall have the meaning assigned to them.

Additional provision second. Limitations and easements.

1. The limitations on ownership and easements referred to in Article 33 (1) of this Law may affect:

a) To the maximum height of the buildings.

(b) The minimum distance to which high voltage power plants and industries may be located and electrified railway lines.

c) The minimum distance to which radio transmitters may be installed.

2. With the exception of the existing legal rules applicable to national defence and air navigation, there may be no restrictions on ownership or easements which contain more burdensome conditions than those laid down by law. following:

a) For distances of less than 1,000 metres, the angle on the horizontal with which it is observed, from the top of the lower-height receiving antennas of the station, the highest point of a building shall be at most Three degrees.

(b) The maximum required limitation of separation between an industry or a high voltage or railway power line and any of the station's receiving antennas shall be 1,000 metres.

The installation of radio transmitters in the vicinity of the station will be performed with the following limitations:

Gama	Apparent Radiated Power of the transmitter in the direction of the installation to protect - KW	Maximum Exigible Separation between installations to protect and antenna antenna from the transmitter - Kilometers
f ≤ 30 MHz	0.01 < P < 1	2
	1 < P ≤10	10
	P > 10	20
f > 30 MHz	0.01 < P ≤ 1	1
	1 < P ≤ 10	2
	P > 10	5

3. Electric field intensity limitations shall be required for those installations whose equipment has a high sensitivity. It is understood that high sensitivity equipment is used for research facilities:

a) The stations dedicated to radio astronomical observation, these limitations will be the following:

Maximum Allowable Power Flow Spectral Density Levels at Radio Astronomy Observation Stations ^{(1) (2)}

10650

Frequency (MHz)	Channel Bandwidth (kHz)	Power flow spectral density (dB (W/ (m2 -Hz))	Radio astronomical
13,385	50	-248	Continuous.
	25.61	120	-249	Continued.
	151,525	2950	-259	Continued.
6600		-258	Continuous.
327	10	-244	spectral rays.
408.05	3900	-255	Continued.
1413.5	27000	-255	Continuous.
1420	20	-239	spectral rays.
1612	20	-238	spectral rays.
1665	20	-237	spectral rays.
1665	10000	-251		2695
10000	-247		4995
10000	-241	10650
	-240	-240	Continuous.
15375	50000	-233	Continuous.
22200	250	-216	Rayas
22355	290000	-231	23700
		-215	spectral rays.
23800	400000	-233	Continuous.
31550	500000	-228	Continuous.
	43000	500	-210	Spectral rays.
1000000	1000000	-227	Continuous.
76750	8000000	-229	Continuous.
82500	8000000	-228	Continuous.
	88600	1000	-208	spectral rays.
89000	8000000	-228	Continued.
105050	8000000	-223	Continuous.
132000	8000000	-223	Continuous.
147250	8000000	-223	Continuous.
	150000	1000	-204	spectral rays.
165500	8000000	-222	Continued.
183500	8000000	-220	Continuous.
8000000		-218	Continuous.
1000		1000	-199	spectral rays.
244500	8000000	-217	Continuous.
265000	1000	-197	spectral rays.
270000	8000000	-216	Continuous.

⁽¹⁾ The above values correspond to an assumed gain of the radio astronomy receiving antenna of 0 dBi.

⁽²⁾ For interfering systems with variable propagation conditions over time, the given levels cannot be exceeded to the extent that data loss exceeds 2%.

b) For the protection of astrophysics observatories, the limitation of electric field intensity, at any frequency, shall be 88.8 dB (µ V/m) at the location of the observatory.

4. For better use of the radio spectrum, the Administration may impose the use on the facilities of those technical elements that improve the radio compatibility between stations.

Additional provision third. Implementation of the regulatory legislation for common infrastructure in buildings.

The common telecommunications infrastructures within the buildings are regulated by the provisions of this Law, by the Royal Decree-Law 1/1998 of 27 February on common infrastructures in buildings for access to telecommunications services and their regulatory developments.

Additional provision fourth. Confidential information.

The natural or legal persons who contribute to any National Regulatory Authority data or information of any kind, in the performance of their duties and respecting the legislation in force in the field of protection of data and privacy, may indicate, in a justified manner, what part of the contribution they consider to be confidential, the dissemination of which could harm them, for the purposes of their confidentiality. Each National Regulatory Authority shall decide, in a reasoned manner and through appropriate resolutions, on the information which, according to the law in force, is or is not covered by confidentiality.

Additional provision fifth. The Advisory Board of Telecommunications and the Information Society.

1. The Advisory Board for Telecommunications and the Information Society, chaired by the Minister for Industry, Energy and Tourism or the person to whom it delegates, is an advisory body to the Government in the field of telecommunications and society. the information.

2. The functions of the Council shall be for study, deliberation and proposal in matters relating to telecommunications and the information society, without prejudice to the powers of the inter-ministerial collegiate bodies with the powers of the government to inform the government of information policy. It shall also be responsible for reporting on matters which the Government determines or on which, on its own initiative, it considers appropriate. The deliberation of projects or proposed regulations within the Advisory Board of Telecommunications and the Information Society shall be equivalent to the hearing referred to in Article 24.1.c of Law 50/1997 of 27 November 1997. Government.

The government, by means of a royal decree, will establish the composition and operating system of the Advisory Council for Telecommunications and the Information Society, whose members will represent the General Administration of the State, to the Autonomous Administrations, to the local administration through their associations or federations more representative, to the users, including in any case to the people with disabilities through its more representative organization, operators who provide services or operate public communications networks The European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission, the European Commission and to the most representative official engineering colleges in the sector.

Additional provision sixth. Periodic penalty payments.

To ensure compliance with the resolutions or information requirements they dictate, the Ministry of Industry, Energy and Tourism or the National Commission of the Markets and Competition may impose periodic penalty payments. in the case of a daily amount of EUR 125 up to EUR 30 000, in accordance with the terms of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Coercive fines shall be independent of any sanctions that may be imposed and compatible with them.

The amount of periodic penalty payments provided for in this provision will be entered into the Treasury.

Additional provision seventh. Obligations in respect of conditional access, access to certain broadcasting and television services, wide format television and transmission obligations.

1. By means of a royal decree, the conditions applicable to operators of public electronic communications networks in the field of conditional access to television and digital radio services broadcast to viewers and television viewers will be able to be established. listeners, irrespective of the means of transmission used. In addition, the procedure for revising these conditions by the National Commission on Markets and Competition, in the event that the obliged operator no longer had significant market power in the market, was to be regulated by royal decree. question.

2. To the extent necessary to ensure the access of end users to certain digital broadcasting and television services, the National Markets and Competition Commission may impose, in the form and for the services which it provides are determined by actual government decree, obligations to operators with application program interfaces (APIs) and electronic programming guides (EPGs) to facilitate access to these resources under conditions reasonable, fair and non-discriminatory.

3. Public electronic communications networks used for the distribution of digital television services shall have the capacity to distribute television programmes and services in a wide format. Operators of such networks which receive television programmes or services in a wide format for subsequent distribution shall be obliged to maintain that format.

4. A royal decree approved by the Council of Ministers may impose, as public service obligations, reasonable demands for the transmission of certain channels of radio and television programmes, as well as requirements for the transmission of complementary services to enable the appropriate access of disabled users, operators who exploit electronic communications networks used for the distribution of radio or television programmes to the public, if a number significant of the end users of these networks uses them as the main means of reception of radio and television programmes, where it is necessary to achieve clearly defined and proportionate, transparent and regularly reviewable general interest objectives.

In addition, conditions may be established by royal decree for providers of digital television services and equipment to cooperate in the provision of interoperable television audiovisual communication services for end users with disabilities.

5. The Ministerial Order will regulate the establishment of obligations and requirements for digital multi-digital terrestrial television operators and the creation and regulation of the Registry of Information Parameters of Services Digital terrestrial television. The management, allocation and control of the information parameters of digital terrestrial television services and the keeping of that register corresponds to the Ministry of Industry, Energy and Tourism.

Additional disposition octave. Notification mechanism.

The measures taken by a national regulatory authority in accordance with Articles 13, 14 and 16 and the additional provision of this Law and its implementing legislation, as well as all measures that may be have an impact on trade between Member States, shall be subject to the notification mechanisms referred to in Articles 7, 7a and 7b of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Directive Framework) and the rules laid down for the developing effect thereof by the European Union.

Additional provision ninth. Report on the obligations to be imposed on public network operators or publicly available electronic communications services.

Any regulatory measure that is to be approved after the entry into force of this Law or administrative act in execution of such a regulatory measure that any Public Administration will pursue and that will enforce with a general nature to the operators of public networks or electronic communications services available to the public or to a specific group of the same public service obligations other than those provided for in Article 28 of this Regulation. Law, obligations for the supervision of information processed or managed in such networks or Services or collaboration with the agents empowered with respect to the traffic managed, will require the mandatory report of the Ministry of Industry, Energy and Tourism.

Such a regulatory measure or administrative act shall expressly provide for the financing mechanisms of the costs arising from public service obligations other than those provided for in Article 28 of this Law, obligations of a public nature or any other administrative burden imposed, which may not be borne by public network operators or electronic communications services available to the public when dealing with obligations or charges that do not directly result from the regulatory framework for electronic communications but which respond to other public policy reasons, unless there are grounds of public interest which lead to the conclusion that such operators are required to bear such costs, even if in part.

The application of the mandatory report of the Ministry of Industry, Energy and Tourism is considered an essential requirement in the processing of the standard or administrative act.

Additional provision 10th. Establishment of the Interministerial Commission on Radio frequencies and health.

By royal decree, the composition, organization and functions of the Inter-Ministerial Commission on radio frequencies and health, whose mission is to advise and inform the citizenry, will be regulated. The European Commission has been responsible for the implementation of the European Community's internal market in the field of nuclear safety, the environment, the environment and the environment, the environment, the environment and the environment. (a) the production facilities for radio emissions, in particular, relating to radio communications. In addition, the Commission will carry out and disseminate studies and research on radio emissions and their effects and how restrictions on emissions, health protection measures and established controls will preserve the health of persons, as well as, in the light of such studies and research, make proposals and suggest lines of improvement in the measures and controls to be carried out.

the Ministry of Industry, Energy and Tourism, the Ministry of Health, Social Services and Equality, and the Carlos III Health Institute, will be part of the Inter-Ministerial Commission. and Competitiveness.

This Commission will have an advisory group or partner in the field of radio frequencies and health, with the participation of Autonomous Communities, the association of local state entities with greater implementation and a group of independent experts, scientific societies and citizens ' representatives, to evaluate and regularly monitor the prevention and protection of the health of the population in relation to radio emissions, proposing studies Research, consensual identification measures, preparation of records and protocols to the citizen.

The creation and operation of both the Commission and the Advisory Group will be in line with the current personal, technical and budgetary resources allocated to the Ministries and other participating administrations, without any increase. in public expenditure.

Additional provision eleventh. Essential parameters and technical requirements to ensure the functioning of the various electronic communications networks and services.

The essential parameters and technical requirements that are essential to ensure the functioning of electronic communications networks and services will be established by means of a decree approved by the Council of Ministers.

Additional disposition twelfth. Application of the Tax General Law.

As provided for in this Law, it will be without prejudice to the powers and powers that Law 58/2003, of December 17, General Tax, attributes to the Tax Administration, in particular regarding access to the data with tax relevance.

Additional disposition thirteenth. Publication of events.

The acts forming part of the different phases of the procedures that the Ministry of Industry, Energy and Tourism processes in the exercise of the competences and functions assigned in the matters to which the present Law may be published in the "Official Gazette of the State", in accordance with the provisions of article 60 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure. Likewise, all those resolutions, administrative acts or acts of procedure dictated by the Ministry of Industry, Energy and Tourism in the exercise of the powers and functions assigned in the matters referred to in this Law and which they may have an undetermined number of potential interested parties which require notification, must be published in the "Official Gazette of the State", in accordance with the provisions of Article 59.6 (a) of Law 30/1992, 26 of November.

Additional disposition fourteenth. Coordination of public support for broadband and the development of digital economy and employment and new digital services.

By royal decree the competent bodies will be identified and the coordination procedures between Administrations and public bodies will be established, in relation to the public aid to the broadband, whose convocation and In any event, the Community framework and the objectives set out in Article 3 of this Law and in relation to the promotion of R & D & I and to actions for the development of the economy, digital employment and all the new digital services that new ultra-fast networks allow, ensuring cohesion social and territorial.

Additional provision 15th. Media allocation to the General Administration of State and personnel integration of the National Markets and Competition Commission.

1. The Government will approve the necessary modifications in the royal decree of development of the basic organic structure of the Ministry of Industry, Energy and Tourism in order to guarantee the exercise of the functions that, being the competence of the Commission National of the Markets and Competition until the moment of the entry into force of this Law, is attributed to the Ministry of Industry, Energy and Tourism.

The entry into force of the modification of the royal decree of basic organic structure of the Ministry of Industry, Energy and Tourism will not occur until the budget of the Ministry of Industry, Energy and Tourism does not conform to the new competitive distribution and the assumption of material resources, including in particular computer systems and applications, and the integration of personnel from the National Commission of Markets and Competition which is necessary for the Ministry of Industry, Energy and Tourism to be able to exercise the new functions attributed.

2. The staff of the National Commission of the Markets and the Competition who have been exercising the functions which, being the competence of the Commission until the date of the entry into force of this Law, are attributed to the Ministry of Industry, Energy and Tourism, will be integrated in the General Administration of the State in the terms indicated in the additional provision sixth of the Law of creation of the National Commission of the Markets and the Competition.

3. The date for the effective exercise of the new functions that this Law attributes to the Ministry of Industry, Energy and Tourism will be determined by order of the Minister of the Presidency, on the proposal of the Minister of Industry, Energy and Tourism, of the Minister of Economy and Competitiveness and Minister of Finance and Public Administrations. In any event, all the actions referred to in this provision must have been made within four months of the entry into force of this Law.

Additional provision sixteenth. The business public entity Red.es.

1. The entity Red.es, created by the additional provision sixth of Law 11/1998, of April 24, General of Telecommunications, is configured as an enterprise public entity, as provided for in article 43.1.b) of Law 6/1997, of April 14, The Organization and the Functioning of the General Administration of the State. This entity is attached to the Ministry of Industry, Energy and Tourism, through the Secretariat of State of Telecommunications and the Information Society.

2. The business public entity Red.es has its own legal personality, full capacity to act and its own patrimony and will be governed by the provisions of this additional provision, in its own Statute, in Law 6/1997 and in the other rules that are applicable to you.

3. It constitutes the object of the business public entity the management, administration and disposal of the assets and rights that integrate its patrimony, corresponding to the holding, administration, acquisition and disposal of the representative titles of the capital of the companies in which it participates or may participate in the future. The business public entity shall act, in compliance with its object, in accordance with business criteria.

For the purpose of fulfilling its purpose, the business public entity may perform all kinds of administrative and disposition acts provided for in civil and commercial law. It may also carry out any commercial or industrial activities related to that object, as agreed by its governing bodies. It may act, including through partnerships, by its participants.

The Red.es business public entity will also have the following functions:

(a) The management of the registration of Internet domain names and addresses under the country code corresponding to Spain (.es), in accordance with the policy of records to be determined by the Ministry of Industry, Energy and Tourism and relevant regulations.

b) The participation in the organs that coordinate the management of name and domain records of the Internet Corporation for the Allocation of Names and Numbers (ICANN), or the organization that in its case replaces it, as well as the advice to the Ministry of Industry, Energy and Tourism in the ICANN Government Advisory Committee (GAC) and, in general when requested, advice to the General Administration of the State in the rest of the international bodies and, in particular, in the European Union, on all issues of its competence.

c) The observatory of the telecommunications and information society sector.

(d) the preparation of studies and reports and, in general, the advice of the General Administration of the State in all matters relating to the information society, in accordance with the instructions given by the Ministry of Industry, Energy and Tourism.

e) The promotion and development of the Information Society.

4. The contracting, acquisition and disposal arrangements of the entity shall be accommodated in accordance with the rules established in private law, without prejudice to the provisions of the recast text of the Public Sector Contracts Law, approved by the real Legislative Decree 3/2011 of 14 November.

5. The estate regime of the business public entity shall be in accordance with the provisions of Article 56 of Law 6/1997. However, the acts of disposal and disposal of the property belonging to its assets shall be governed by private law. In particular, the business public entity Red.es may affect its assets to the functions assigned to it in point (e) of the third subparagraph of this provision and to finance transiently the resulting operating deficit between the revenue and expenditure relating to the tasks assigned in points (a), (b), (c) and (d) of the same paragraph.

6. The recruitment of staff by the business public entity shall be in accordance with the employment law, in accordance with the provisions of Article 55 of Law 6/1997, and in any event the principles of equality, merit and capacity.

7. The budgetary procedure, the economic-financial system, the accounting system, the intervention and the financial control system of the business public entity shall be that laid down in the General Budget Law, in accordance with the provisions of Article 58 and in the third transitional provision of Law 6/1997.

8. The economic resources of the institution may be derived from any of the resources listed in Article 65 (1) of Law 6/1997 of 14 April of the Organization and the Functioning of the General Administration of the State. Among the economic resources of the business public entity Red.es are included the proceeds from the proceeds of the public price for the registration operations concerning the names of Internet domain under the code of country corresponding to Spain '. is' regulated in the following paragraph.

9. Public prices by allocation, renewal, and other registry operations of the domain names under the ". is".

The pecuniary consideration that is satisfied by the assignment, renewal and other recorded transactions made by the business public entity Red.es in the exercise of its function as the Authority of Assignment of the names of Internet domain under the country code corresponding to Spain will have the public price consideration.

Red.es, after authorization of the Ministry of Industry, Energy and Tourism, will establish by the corresponding Instruction, the rates of the public prices for the allocation, renewal and other operations of registration of the domain names under the ". is". The proposal for the establishment or amendment of the amount of public prices shall be accompanied, in accordance with the provisions of Article 26 of Law 8/1989 of 13 April, which regulates the Legal Regime of Public Fees and Prices, of a economic-financial memory to justify the amount of the same as proposed and the degree of financial coverage of the corresponding costs.

The management of the public prices referred to in this paragraph corresponds to the business public entity Red.es that will determine the procedure for its liquidation and payment by means of the Instruction mentioned in the paragraph This is the case in which the models of declaration, deadlines and forms of payment will be established.

The business public entity Red.es may require the advance or prior deposit of the total or partial amount of the public prices for the registration operations relating to the domain names.

Additional 17th disposition. Innovation in the field of information and communications technologies.

The government will develop a plan with measures to enhance innovation in the field of information and communications technologies, which will also enable the investment effort that will be made in the coming years. will carry out the deployment of ultra-fast networks. The above plan will include, inter alia, the following actions:

a) Promote the launch of a forum for collaboration between operators and industry to identify and enhance the opportunities that, for the electronics industry and the rest of the industry, will generate ultrafast networks.

b) Stimulating innovation policies in the sector and technological innovation in the industrial fabric in collaboration with all actors involved in development or growth.

c) The establishment of measures to enhance innovative purchases and the market for early demand for the implementation of R & D + I projects related to information and communications technologies.

18th additional disposition. Universalisation of ultra-fast broadband.

The government will establish a National Ultrarfast Network Strategy that aims to boost the deployment of ultra-fast access networks to broadband, both fixed and mobile, in order to achieve its universalization, as well as how to promote their adoption by citizens, businesses and administrations to ensure social and territorial cohesion.

The Strategy will take the necessary steps to achieve the concrete objectives of coverage and adoption set by the Digital Agenda for Europe and incorporated into the Digital Agenda for Spain and, in particular, to achieve the universalisation of a connection that allows for broadband data communications that will be progressively extended, so that in the year 2017 it will reach a minimum Internet speed of 10 Mbps and before the end of the year 2020 will reach all users at a minimum internet speed of 30 Mbps, and at least 50% of households can have access to speeds up to 100 Mbps. The development of this broadband universalisation initiative will assess the updating of the scope of the universal service in relation to this service, taking into account, in any case, the European Union's rules and guidelines to this service.

The Strategy will establish the development of an ultra-fast broadband coverage report that makes it possible to know precisely the situation of provision of broadband electronic communications services and to enable identify those areas where market gaps exist.

The Strategy will provide for policies to increase the adoption and use of ultra-fast broadband between citizens, businesses and administrations. In particular, the necessary actions will be taken to promote, as a matter of priority, the regional health centres, the public universities, the public secondary schools and all public libraries in the city and district. have in 2016 a connection to the public communications network with functional Internet access at a minimum speed of 30 Mpbs and 100 Mbps in the year 2020. These measures will be implemented with due collaboration and coordination with the Autonomous Communities.

At least once a year, the Ministry of Industry, Energy and Tourism will report to Parliament on the adoption and implementation of the National Ultrarfast Network Strategy and, in particular, on the evolution of the deployment of Ultra-fast networks and compliance with the objectives of universalisation of this service.

Additional 19th disposition. Radio-amateur radio stations.

The installation of radio-amateur radio stations will apply what is established in the third provision of Law 12/2012 of 26 December, of urgent measures to liberalize trade and certain services, without prejudice to the application of Law 19/1983 of 16 November on the regulation of the right to install the antennae of amateur radio stations on the outside of buildings and their rules of development.

First transient disposition. Regulations prior to the entry into force of this Act.

The regulatory standards in the field of telecommunications in force prior to the entry into force of this Law or in the development of Law 32/2003 of 3 November, General Telecommunications will continue in force in the way they do not object to this Law, until their development regulations are approved.

Second transient disposition. Adaptation of operators directly or indirectly controlled by public administrations to the scheme provided for in Article 9.

Operators directly or indirectly controlled by public administrations shall comply with the provisions of Article 9, within a maximum of one year from the entry into force of this Law.

Transitional provision third. Conditions attached to concessions for the use of radio public domain.

The conditions attached to the enabling titles for the exploitation of networks or the provision of telecommunications services which will involve the use of radio public domain and which would have been granted prior to the the entry into force of this Law through procedures of public tender, already previewed in the regulatory documents of the tenders or in the offer of the operator, they happen to be bound to the concessions of the private use of the domain public radio.

Transitional disposition fourth. Restrictions on the principles of technological neutrality and services in the enabling titles for the use of radio spectrum for the provision of electronic communications services.

1. The conditions set out in the enabling titles for the use of radio spectrum for the provision of electronic communications services granted before 25 May 2011 and which involve restrictions on the use of radio spectrum principles of technological and service neutrality in the terms set out in Article 66 of this Law shall remain valid until 25 May 2016.

2. By way of derogation from the above, holders of enabling titles for the use of radio spectrum for the provision of electronic communications services whose term of validity extends beyond 25 May 2016 may apply to the Secretary of State for Telecommunications and the Information Society, before 25 May 2016, an assessment of the restrictions on the principles of technological and service neutrality in the terms laid down in Article 66 of this Law, which they have imposed on their enabling titles.

Before issuing a resolution, the Secretary of State for Telecommunications and the Information Society shall notify the holder of the enabling title of his new assessment of the restrictions, indicating the extent of his title to root of it and give you 15 working days to withdraw your application.

If the holder of the title desist from his application, the restrictions on the principles of technological neutrality and services established in the enabling title would remain unchanged until 25 May 2016, unless the title is previously extinguished.

3. From 25 May 2016, the principles of technology and service neutrality shall apply to all the enabling securities for the use of spectrum for the provision of electronic communications services granted before the end of the year. May 25, 2011, without prejudice to restrictions that may be established in the terms set out in Article 66 of this Act.

4. Appropriate measures to promote fair competition will be taken in the implementation of this provision.

5. The measures to be taken to implement this provision shall in no case have the consideration of granting a new enabling title.

Transient disposition fifth. Provision of certain services referred to in Article 28.

The State Company Correos y Telegrafos, S.A., will directly provide the services of telex, telegraphic and other electronic communications services with similar characteristics, as referred to in Article 28.2 of this Regulation. Law, where appropriate, in accordance with the provisions of the royal decree provided for in paragraph 3 of that Article.

Also, the General Directorate of the Merchant Navy is entrusted with the provision of the safety services of human life at sea subsumibles under Article 28.1.

Transitional disposition sixth. Transitional arrangements for the fixing of the fees set out in Annex I to this Act.

Until the State General Budget Law provides for the amounts of the fee provided for in paragraph 4 of Annex I to this Law, the following shall apply:

(a) For the issue of registration certificates, EUR 42.51.

b) By issuing certificates of presentation to the telecommunications administration of the technical project of common telecommunications infrastructures, the repose act, the installation bulletin and the the test protocol and, where applicable, the end-of-work certificate and its annexes, EUR 42.51.

c) For the issue of technical specification compliance certifications, EUR 335.49.

d) For each act of prior inspection or technical verification carried out, EUR 352,72.

e) For the submission of each certification issued by a competent technical replacement for the previous inspection act, EUR 88.

f) For the processing of the authorisation or demanial concession for the private use of the public radio domain, EUR 68.46.

g) For the processing of the authorisation of special use of radio-amateur public domain by radio amateurs, 111 euros.

h) For the presentation to the training exams to operate radio amateur stations, 22.98 euros.

i) By registration in the registry of telecommunications installers, 104.54 euros.

(j) For the application and issue of the technical opinion for the conformity assessment of telecommunications equipment and apparatus, EUR 345,82.

Transitional disposition seventh. Requests for authorizations or administrative licenses previously made.

1. Procedures initiated prior to the entry into force of this Law, and which are intended to obtain the licenses or authorizations of work, installations, operations or activities, or of environmental or environmental character others of a similar or similar class that are accurate in accordance with the previous rules, shall be processed and resolved by the rules in force at the time of the filing of the application.

2. By way of derogation from the above paragraph, the person concerned may, prior to the decision, withdraw his application and thus opt for the application of the new legislation in so far as it is applicable.

Transient disposition octave. Operator registration.

At the entry into force of this Law, the registration of the data contained in the Register of operators regulated in Article 7 of Law 32/2003, of 3 November, General of Telecommunications, is maintained.

transient disposition ninth. Adaptation of the rules and instruments of territorial or urban planning developed by the competent public administrations that affect the deployment of public electronic communications networks.

The rules and instruments of territorial or urban planning developed by the competent public administrations that affect the deployment of public electronic communications networks should be adapted to established in Articles 34 and 35 within the maximum period of one year from the entry into force of this Law.

Transient disposition tenth. Transitional performance of functions by the National Commission on Markets and Competition.

In relation to the functions that were the competence of the National Commission of the Markets and the Competition and that, as established in this Law, are attributed to the Ministry of Industry, Energy and Tourism, the National Commission the Markets and the Competition will carry them up to the date determined for the effective exercise of the new functions that this Law attributes to the Ministry of Industry, Energy and Tourism as established in the additional provision Fifteenth.

Transient disposition eleventh. Procedures initiated prior to the entry into force of this Law.

The procedures that deal with the functions that were the competence of the National Commission of the Markets and the Competition and that this Law attributes to the Ministry of Industry, Energy and Tourism, and that have been started with Prior to the date for the effective exercise of the new functions referred to in the additional provision fifteenth, they shall continue to be processed by that Ministry once that date has been met.

Transient Disposition twelfth. Transitional arrangements for radio stations or radio infrastructures for the provision of electronic communications services available to the public for the installation of which a licence or authorisation application would have been submitted.

Radio stations or radio infrastructures for the provision of electronic communications services available to the public for the installation of which the licence or prior authorisation of the electronic communications services would have been requested Installations, operating, operating, environmental or other activities of a similar kind or similar to those referred to in Article 34.6 may continue to be installed and in operation, without prejudice to public administrations competent authorities may exercise the administrative powers of verification, inspection, sanction and, in general, of control, which they have attributed and which are referred to in the cited article 34.6 as well as in article 5 of Law 12/2012, of December 26, of Urgent Measures of Liberalization of Trade and Determinated Services.

However, and in accordance with the provisions of the transitional provision of the abovementioned Law 12/2012 of 26 December 2012, providers of electronic communications services for the public who have requested the licences or authorisations referred to above, without prejudice to the continuity and functioning of the respective facilities, may withdraw from such applications in progress and choose to make responsible statements or, where appropriate, prior communications of change of ownership in the terms provided for in that Law.

The exercise of the administrative powers of verification, inspection, sanction and, in general, of control must respect the parameters and essential technical requirements necessary to guarantee the functioning of the different electronic communications networks and services referred to in Article 34.4 and in the additional provision eleventh.

Single repeal provision. Regulatory repeal.

Without prejudice to the provisions of the transitional provisions of this Law, the following provisions are hereby repealed:

(a) Law 11/1998 of 24 April, General Telecommunications.

b) Law 32/2003 of 3 November, General Telecommunications.

c) Likewise, all other provisions of equal or lower rank are repealed as opposed to the provisions of this Law.

Final disposition first. Amendment of Law 13/2011, of May 27, of regulation of the game.

Law 13/2011, of 27 May, of regulation of the game, is amended as follows:

One. Article 7 (3), which is worded as follows, is amended as follows:

" 3. Any entity, advertising network, advertising agency, media or audiovisual media service provider, means of communication or the service of the information society which disseminates advertising and direct or indirect promotion of In the case of a game or its operators, the person who requests the insertion of the advertisements or the advertising claims has the corresponding enabling title issued by the authority responsible for the regulation of the game and authorized by the the performance of the advertising requested, refraining from its practice if it lacked that. The regulatory authority of the game, through its website, will keep the information about the operators updated and accessible.

It is considered an advertising network to the entity that, in the name and representation of the publishers, offers to advertisers the use of advertising spaces in the services of the information society and the optimization of the advertising results by targeting ads to the public interested in the product or service advertised. "

Two. Article 7 (4), which is worded as follows, is amended as follows:

" 4. The authority responsible for the regulation of the game in the exercise of the administrative authority to require the cessation of the advertising of the activities of the game, will be directed to the entity, advertising net, agency of advertising, service provider of audiovisual or electronic communication, means of communication, the service of the information society or the relevant advertising network, giving the reasons for the infringement of the applicable rules.

The entity, advertising network, advertising agency, media or audiovisual media service provider, media, information society service or advertising network must, within three days natural following their receipt, communicate the fulfillment of the requirement. In case the advertising message has a positive prior consultation report issued by a system of advertising self-regulation with which the authority responsible for the regulation of the game has a collaboration agreement of the referred to in Article 24 (5) of this Law, it shall be understood that it acted in good faith if it had been subject to such a positive prior consultation report, for the alleged administrative action carried out in the context of a dossier sanctioning. "

Three. Article 21 (8), which is worded as follows, is amended as follows:

" 8. To pursue the unauthorised game, already be carried out in the field of the Spanish State, already from outside Spain and that it is directed to the territory of the State, being able to require any provider of payment services, entities of delivery of services of audiovisual communication, means of communication, information society services or electronic communications, advertising agencies and advertising networks, information on the operations carried out by the various operators or by organizers who lack the enabling title or the cessation of the services they are lending. "

Four. Article 36 (3), which is worded as follows, is amended as follows:

" 3. In particular, providers of audiovisual media, electronic communications and the information society, the media, as well as advertising agencies and advertising networks will be responsible for this. (a) administrative, sponsorship and advertising of the games referred to in this Law where those who perform them are not entitled to the title or when they are spread without having the authorization to advertise them or on the margin of the limits set therein or in breach of the rules in force in this field. However, they shall be responsible for the infringement provided for in Article 40 (d) of the advertising networks which serve as advertising to service providers of the information society. The responsibility for the services of the information society will be subsidiary to that of the agencies and advertising networks, provided that the latter are adequately identified by the information society service, prior to the a requirement of the authority responsible for the regulation of the game, and have a permanent establishment in Spain.

Competition to instruct and sanction the providers of audiovisual media services is the responsibility of the National Commission for Markets and Competition, which applies to the system of services. sanctioning provided for in Law 7/2010 of 31 March 2010, General of Audiovisual Communication, with the exception of the exception provided for in the previous paragraph, in respect of infringements of Article 40 (e). '

Five. Article 40 (e) is amended, which is worded as follows:

(e) failure to comply with the requirements for information or termination of service provided by the regulatory authority responsible for the regulation of the game to be addressed to payment service providers; audiovisual media services, service providers of the information society or electronic communications, social media, advertising agencies and advertising networks. '

Final disposition second. Amendment of Law 34/2002 of 11 July on services of the information society and electronic commerce.

Law 34/2002 of 11 July on the services of the information society and electronic commerce is amended as follows:

One. Article 10 (1) (f) is amended as follows:

" (f) Where the information society service refers to prices, clear and accurate information shall be provided on the price of the product or service, indicating whether or not it includes the applicable taxes and, where applicable, on the shipping costs. "

Two. Article 18 (1), which is worded as follows, is amended as follows:

" 1. Public administrations will, through coordination and advice, promote the development and implementation of voluntary codes of conduct by corporations, associations or trade, professional and trade organizations. consumers, in the matters covered by this Law. The General Administration of the State shall, in particular, encourage the development of codes of conduct at Community or international level.

The codes of conduct affecting consumers and users will also be subject to Chapter V of Law 3/1991 of 10 January of unfair competition.

The codes of conduct may address, in particular, the procedures for the detection and removal of illegal content and the protection of the addressees in relation to the electronic transmission of commercial communications not requested, as well as on the extra-judicial procedures for the settlement of disputes arising from the provision of the information society services. '

Three. Article 20 (1) and (3) are worded as follows:

" 1. Commercial communications by electronic means shall be clearly identifiable as such, and the natural or legal person on behalf of which they are made must also be clearly identifiable. "

" 3. The provisions of the above paragraphs are without prejudice to the provisions of the rules laid down by the Autonomous Communities with exclusive powers on consumption. '

Four. Article 21 (2) is worded as follows:

" 2. The provisions of the preceding paragraph shall not apply where there is a prior contractual relationship, provided that the provider has lawfully obtained the contact details of the consignee and shall use them for the sending of communications. trade in products or services of your own company that are similar to those that were initially the subject of procurement with the customer.

In any event, the provider must provide the addressee with the possibility of opposing the processing of his data for promotional purposes by means of a simple and free procedure, both at the time of collection of the data and in each of the commercial communications you are directed to.

When communications have been sent by e-mail, such means shall necessarily consist of the inclusion of an e-mail address or other valid electronic address where it may be exercised. this right, the sending of communications not including that address shall be prohibited. '

Five. Article 22 is worded as follows:

" Article 22. Rights of service recipients.

1. The addressee may at any time revoke the consent given to the receipt of commercial communications with the simple notification of his will to the sender.

To this end, service providers must enable simple and free procedures so that the recipients of services can revoke the consent they have provided. Where communications have been sent by e-mail, such means shall necessarily consist of the inclusion of an e-mail address or other valid electronic address where this right may be exercised. prohibited the sending of communications that do not include that address.

They should also provide information accessible by electronic means on such procedures.

2. Service providers may use devices for the storage and retrieval of data on terminal equipment of the recipients, provided that they have given their consent after they have been provided with information. clear and complete on its use, in particular, on the purposes of data processing, in accordance with the provisions of the Organic Law 15/1999 of 13 December on the protection of personal data.

When technically possible and effective, the consent of the recipient to accept the processing of the data may be facilitated by the use of the appropriate parameters of the browser or other applications.

This shall not prevent the possible storage or access of a technical nature to the sole purpose of the transmission of a communication by an electronic communications network or, as far as is strictly necessary, for the provision of a service of the company of the information expressly requested by the addressee. "

Six. Article 35 (1) is amended as follows:

" 1. The Ministry of Industry, Energy and Tourism shall monitor compliance by the service providers of the information society with the obligations laid down in this Law and its implementing provisions, as regards the own services of the information society.

However, references to the competent bodies contained in Articles 8, 10, 11, 15, 16, 17 and 38 shall be construed as references to the courts or administrative bodies which, in each case, are in accordance with the matter. "

Seven. Article 37 is worded as follows:

" Article 37. Responsible.

Information society service providers are subject to the sanctioning regime set out in this Title when this Law applies to them.

Where the infringements provided for in Article 38.3 (i) and (4) (g) are concerned the installation of storage devices and the recovery of the information as a result of the transfer by the service provider of the the information society of own spaces to display advertising, shall be responsible for the infringement, in addition to the service provider of the information society, the advertising network or agent that manages directly with that the placement notice in such spaces if no action has been taken to demand compliance of the duties of information and obtaining the consent of the user. "

Eight. Article 38 (3) (c) shall be read as follows:

" (c) The mass shipment of commercial communications by e-mail or other equivalent electronic means of communication, or its insistent or systematic submission to the same recipient of the service when in such shipments is not comply with the requirements laid down in Article 21. '

Nine. Article 38 (3) (i) is read as follows:

" (i) The recidivism in the commission of the minor infringement provided for in paragraph 4 (g), if it had been declared by a firm judgment given in the three years immediately preceding the opening of the procedure sanctioning. "

Ten. Paragraph (g) of Article 38.4 is amended and read as follows:

"g) Use data storage and retrieval devices where the information or the consent of the recipient of the service has not been provided in the terms required by Article 22.2."

Once. A new Article 39a is inserted with the following content:

" Article 39a. Sanctions restraint.

1. The sanctioning body shall establish the amount of the penalty by applying the scale relating to the class of offences which immediately precedes the seriousness of the offence in which the measure is incorporated in the case in question, in the following cases: assumptions:

(a) Where a qualified reduction in the guilt of the accused or the antilegal person is assessed as a result of the significant concurrency of several of the criteria set out in Article 40.

b) When the offending entity has regularised the irregular situation in a diligent manner.

(c) Where it can be appreciated that the conduct of the affected party has been able to induce the commission of the infringement.

d) When the offender has spontaneously recognized his or her guilt.

e) Where an absorption merger process has occurred and the infringement was prior to that process, not being imputable to the absorbing entity.

2. The bodies with the jurisdiction of penalties, the nature of the facts and the significant concurrency of the criteria laid down in the preceding paragraph may agree not to initiate the opening of the sanctioning procedure and, instead, The responsible subject shall be notified to the responsible subject, so that, within the time limit which the sanctioning authority determines, the adoption of the corrective measures which, in each case, are relevant, provided that the following budgets are met:

(a) That the facts constitute a minor or serious infringement in accordance with the provisions of this Law.

(b) that the competent body has not sanctioned or previously received the offender as a result of the commission of infringements provided for in this Law.

If the warning is not addressed within the time limit that the sanctioning body has determined, the corresponding sanctioning procedure shall be opened for such failure. "

Twelve. Article 40 is amended as follows:

" Article 40. Graduation of the amount of the penalties.

The amount of fines to be imposed will be graduated according to the following criteria:

a) The existence of intentionality.

b) Time limit during which the violation has been committed.

c) The recidivism by commission of infractions of the same nature, when it has been declared by firm resolution.

d) The nature and extent of the damage caused.

e) The benefits obtained by the breach.

f) The billing volume to affect the committed violation.

(g) Accession to a code of conduct or an advertising self-regulation system applicable to the offence committed, which complies with the provisions of Article 18 or the eighth final provision and which has been reported favourably by the competent body or bodies. "

Thirteen. Article 43 is amended as follows:

" 1. The imposition of penalties for failure to comply with the provisions of this Law will, in the case of very serious infringements, correspond to the Minister of Industry, Energy and Tourism, and in the case of serious and minor infringements, to the Secretary of State for Telecommunications and the Information Society.

notwithstanding the foregoing, the imposition of penalties for failure to comply with the decisions given by the competent bodies in the light of the relevant matter or entity referred to in paragraphs (a) and (b) of the Article 38.2 of this Law will be the organ that dictated the unfulfilled resolution. It shall also be the responsibility of the Data Protection Agency to impose penalties for the commission of the offences referred to in Articles 38.3 (c), (d) and (i) and (d), (g) and (h) of this Act.

2. The sanctioning power regulated in this Law shall be exercised in accordance with the provisions of Law 30/1992 of 26 November 1992 of the Legal Regime of Public Administrations and the Common Administrative Procedure, and in its rules of development. However, the maximum duration of the simplified procedure shall be three months. '

Fourteen. A paragraph Five bis is inserted in the additional sixth provision, which is worded as follows:

" Five bis. The allocation authority shall suspend or cancel, in accordance with the relevant prior judicial requirement, the domain names by which a criminal offence or offence is being committed in the Criminal Code. Similarly, the allocation authority will proceed when the State Security Forces and Corps are directed to order the precautionary suspension as a precaution within 24 hours following the knowledge of the authorities. facts.

Also, in accordance with the provisions of Articles 8, 11 and concordant of this Law, the competent administrative or judicial authority as a measure to obtain the interruption of the provision of a service of the company of the information or the removal of a content, may require the allocation authority to suspend either cautiously or cancel a domain name.

In the same way, the other legal assumptions will be made.

In the cases provided for in the previous two paragraphs, only the precautionary suspension or the cancellation of a domain name may be ordered when the service provider or responsible person has not attended the a requirement for the cessation of the illicit activity.

In all cases in which the Constitution, the regulatory norms of the respective rights and freedoms or those that are applicable to the different matters attribute competence to the courts of form Only the competent judicial authority may require the precautionary suspension or cancellation to intervene in the exercise of activities or rights. In particular, where such measures affect the rights and freedoms of expression and information and other rights under the terms laid down in Article 20 of the Constitution, they may be decided by the courts only. competent.

The suspension will consist of the impossibility of using the domain name for the purposes of Internet routing and the prohibition to modify the ownership and the registration data of the same, although you may add new contact details. The domain name holder can only refresh the domain name or modify the refresh mode. The precautionary suspension shall be maintained until it is lifted or confirmed in a final decision ordering the cancellation of the domain name.

The cancellation will have the same effect as the suspension until the expiration of the registration period and if the remaining time is less than one year, for an additional year, after which the domain name can return to assigned. "

Fifteen. A new eighth additional provision is introduced with the following content:

" Additional disposal octave. Collaboration of domain name records established in Spain in the fight against illicit activities.

1. The domain name records established in Spain shall be subject to the provisions of paragraph Five bis of the additional sixth provision, in respect of the domain names assigned to them.

2. The domain name registration entities established in Spain shall be obliged to provide the data relating to the holders of the domain names requested by the public authorities for the exercise of their inspection powers, control and sanction when the administrative violations that are pursued are directly related to the activity of an identified Internet page with the domain names that they assign.

Such data shall be provided, where necessary for the investigation and mitigation of cybersecurity incidents involving equipment related to a domain name of those entrusted to it. management. Such information shall be provided to the body, body or entity that is legally or regulatively determined.

In both cases, the request must be made by means of a reasoned letter specifying the required data and the need and proportionality of the data requested for the purpose. If the data demanded are personal data, the assignment of the data shall not require the consent of the holder. "

Sixteen. An additional ninth provision is introduced with the following content:

" Additional provision ninth. Management of cybersecurity incidents that affect the Internet network.

1. The service providers of the Information Society, the domain name registers and the registrars who are established in Spain are obliged to cooperate with the competent CERT in the resolution of the Cyber security incidents affecting the Internet network and acting under the security recommendations indicated or established in the codes of conduct arising out of this Act.

Organs, public bodies or any other public sector entity managing security incident response teams shall collaborate with the competent authorities for the provision of technical evidence necessary for the prosecution of the offences arising from such incidents of cyber security.

2. For the purpose of carrying out the above duties and duties, the service providers of the Information Society, in compliance with the confidentiality of communications, shall supply the necessary information to the competent CERT and the authorities. competent, for the proper management of cybersecurity incidents, including IP addresses that may be compromised or involved in such incidents.

In the same way, organs, public bodies or any other public sector entity managing security incident response teams may exchange information associated with cybersecurity incidents with other CERTs or competent authorities at national and international level, provided that such information is necessary for the prevention of incidents in their field of action.

3. The Government will launch, within six months, a programme to boost a public-private cooperation scheme in order to identify and mitigate cyber security attacks and incidents affecting the internet network in Spain. To this end, codes of conduct on cybersecurity applicable to the different service providers of the information society, and to the registry of domain names and registrants established in Spain, will be developed.

The codes of conduct will determine the set of rules, measures and recommendations to be implemented to ensure the efficient and effective management of these cybersecurity incidents, the partnership and conditions of accession and implementation, as well as the procedures for analysis and review of the resulting initiatives.

The Secretary of State for Telecommunications and the Information Society will coordinate the actions that will be put in place under these codes of conduct.

4. In accordance with the codes of conduct defined in particular, information society service providers shall identify the users affected by the cyber security incidents notified to them by the CERT. competent, and indicate to them the actions to be carried out and which are under their responsibility, as well as the times of action. In any event, they will be provided with information about the harms they may suffer or cause to third parties if they do not collaborate in the resolution of the cybersecurity incidents referred to in this provision.

In the event that users do not exercise within the recommended time limit their responsibility for the disinfection or elimination of the elements causing the cybersecurity incident, service providers must, under the requirement of the competent CERT to isolate such equipment or service from the network, thereby avoiding negative effects on third parties until the cessation of the malicious activity.

The preceding paragraph shall apply to any team or geolocalized service in Spain or which is operational under a domain name. "is" or others whose Registration is established in Spain.

5. The bodies, public bodies or any other public sector entity which shall exercise the functions of security incident response equipment or CERT competent for the purposes of the provisions of this Regulation shall be determined. disposition.

6. The Secretariat of State for Telecommunications and the Information Society shall ensure a smooth exchange of information with the Ministry of the Interior's Secretariat of State for Security on incidents, threats and vulnerabilities, according to as provided for in Law 8/2011 of 28 April 2011 laying down measures for the protection of critical infrastructures. In this regard, coordination mechanisms will be established between the two bodies to ensure the provision of a coordinated response to incidents within the framework of this Law. "

Final disposition third. Amendment of Law 38/1999, of 5 November, of Ordination of the Building.

The eighth additional provision is introduced in Law 38/1999, of 5 November, of Ordination of the Building, with the following text:

" Additional disposal octave. Installation of network infrastructures or radio stations in private domain buildings.

The installation of network infrastructures or radio stations in private domain buildings will not require the obtaining of works or construction licenses or other authorizations, but in any case the The sponsor shall submit to the competent authority in the field of building works a responsible declaration stating that the works will be carried out according to a project or a technical memory subscribed by a competent technician, as appropriate, supporting compliance with the applicable requirements of the Code Technical of the Building. After the completion of the installation of the infrastructure of the electronic communications networks, the sponsor shall submit to the competent authority a communication of the completion of the works and of the same have been carried out according to the technical project or technical memory. "

Final disposition fourth. Amendment of Law 25/2007 of 18 October on the retention of data relating to electronic communications and public communications networks.

Law 25/2007 of 18 October on the retention of data relating to electronic communications and public communications networks is amended as follows:

One. Article 6 (2), which is worded as follows, is amended as follows:

" 2. The transfer of the information shall be made by electronic format only to the authorised agents, and shall be limited to the information which is essential for the achievement of the purposes referred to in Article 1.

For these purposes, they will have the consideration of empowered agents:

(a) The members of the Security Forces and Corps, when they perform judicial police functions, in accordance with the provisions of Article 547 of the Organic Law 6/1985, of July 1, of the Judicial Branch.

b) The officials of the Adjunta Directorate of Customs Surveillance, in the development of their competences as judicial police, in accordance with article 283 (1) of the Law of Criminal Procedure.

c) The personnel of the National Intelligence Center in the course of security investigations on persons or entities, as provided for in Law 11/2002, of May 6, regulator of the National Intelligence Center, and in the Organic Law 2/2002, of May 6, regulating the prior judicial control of the National Intelligence Center. "

Two. Article 7 (3), which is worded as follows, is amended as follows:

" 3. The time limit for the execution of the transfer order shall be that laid down in the judgment, taking into account the urgency of the assignment and the effects of the investigation concerned, as well as the nature and technical complexity of the operation.

If no other deadline is set, the transfer shall be effected within 7 calendar days from 8 a.m. on the calendar day following the day on which the subject is ordered to receive the order. "

Three. Article 10 is amended, which is worded as follows:

" Article 10. Infringements and penalties.

1. The following are infringements of the provisions of this Law:

(a) It is a very serious infringement of non-conservation at any time of the data referred to in Article 3.

b) These are serious violations:

i) The repeated or systematic non-preservation of the data referred to in Article 3.

(ii) The retention of data for a period of less than that laid down in Article 5.

iii) The deliberate failure to comply with the data protection and security obligations set out in Article 8.

c) They are minor violations:

i) The non-preservation of the data referred to in Article 3 when it is not qualified as a very serious or serious infringement.

(ii) Failure to comply with the data protection and security obligations set out in Article 8, where it is not qualified as a serious infringement.

2. The infringements provided for in the preceding paragraph, with the exception of those referred to in paragraphs 1 (b) (iii) and (c) (ii) of this Article, shall apply to them under the system of penalties laid down in the General Telecommunications Act, sanctioning the Secretary of State for Telecommunications and the Information Society, without prejudice to the criminal liability which may result from the failure to comply with the obligation to transfer data to the agents (

)

The procedure for sanctioning the aforementioned infractions will be initiated by agreement of the Secretary of State of Telecommunications and the Information Society, and the Ministry of the Interior may urge that initiation.

In any case, the Ministry of the Interior must be required to report a mandatory and decisive report for the resolution of the sanctioning procedure.

3. The penalties provided for in paragraphs 1 (b) (iii) and (1) (c) (ii) of this Article shall apply to the system of penalties laid down in the General Telecommunications Law, corresponding to the penalty of penalties to the Spanish Agency for Data Protection. "

Four. Paragraph 5 of the single additional provision is amended, which is worded as follows:

" Constitute breaches of the provisions of this provision, in addition to that provided for in Article 10, the following:

a) It is a very serious violation of the non-compliance with the referred book-record.

(b) Serious infringements are the repeated or systematically incomplete conduct of the book-registration as well as the deliberate non-compliance with the transfer and delivery of the data to the persons and in the cases provided for in this disposition.

(c) It is minor violations of the incomplete conduct of the book-registration or non-compliance with the assignment and delivery of the data to persons and in the cases provided for in this provision when they are not qualified as very serious infringements. severe or severe. "

Final disposition fifth. Amendment of royal decree-law 1/1998 of 27 February on common infrastructure in buildings for access to telecommunications services.

Article 3 (1) of the Royal Decree-Law 1/1998 of 27 February on common infrastructure in buildings for access to telecommunications services is amended, which is drawn up in the following sections: terms:

" 1. From the date of entry into force of this Royal Decree-Law, no authorization shall be granted for the construction or integral rehabilitation of any building referred to in Article 2, if the corresponding architectural project does not (a) to provide for the installation of a common infrastructure of its own. This infrastructure must meet the appropriate technical conditions to fulfil at least the functions referred to in Article 1.2 of this royal decree-law, without prejudice to those laid down in the rules which, at any time, are given in its development.

The installation of the regulated infrastructure in this royal decree-law must have the corresponding technical project, signed by whoever is in possession of an official university degree of engineer, technical engineer, master or grade which has competence over the subject as a result of the curriculum of the respective certification.

By royal decree, the minimum content that this technical project must have will be determined. "

Final disposition sixth. Amendment of Law 59/2003 of 19 December, electronic signature.

Article 8.2 of Law 59/2003, dated December 19, electronic signature, is worded as follows:

" 2. The period of validity of the electronic certificates shall be appropriate to the characteristics and technology used to generate the signature creation data. In the case of certified certificates this period may not exceed five years. "

Final disposition seventh. Amendment of Law 7/2010 of 31 March, General of Audiovisual Communication.

Law 7/2010, of 31 March, General of Audiovisual Communication, is amended as follows:

One. The first subparagraph of Article 5 (2) is amended as follows:

" 2. For the effectiveness of this right, the providers of the television communication service of state or regional coverage must reserve 51 percent of the annual emission time of their programming to European works. In turn, 50% of this quota is reserved for European works in any of the Spanish languages. In any case, 10 per cent of the time of issue will be reserved for European works of independent producers of the service provider and half of that 10 per cent must have been produced in the last five years. The time of issue referred to in this issue shall be taken into account with the exclusion of information, sports events, games, advertising, teletext and teleshopping services. "

Two. Article 17 is amended as follows:

" 1. The audiovisual media service providers have the right to perform in exchange for the placement of products in feature films, short films, documentaries, films and television series, sports programmes and entertainment programs.

In cases where no payment is made, but only the free supply of certain goods or services, such as material aids to production or prizes, with a view to their inclusion in a programme, only constitute a product site and thus be permitted, provided that these goods or services have a significant value.

2. Where the programme has been produced or commissioned by the service provider or one of its subsidiaries, the public should be clearly informed of the site of the product at the beginning and end of the programme, and when it is resumed after a break advertising.

3. The location cannot condition the responsibility or editorial independence of the provider of the audiovisual media service. Nor can it directly incite the purchase or leases of goods or services, make concrete promotions of these or give undue prominence to the product.

4. Product placement in children's programming is prohibited ".

Three. Article 38 is amended as follows:

" Article 38. Freedom of reception of services provided within the European Union.

1. Freedom of reception is guaranteed throughout the Spanish territory of audiovisual services, the holders of which are established in a Member State of the European Union, provided that they do not technically interfere with the providers established under Spanish jurisdiction. In the context of the European Convention on Transfrontier Television and to channel the right to cultural and linguistic diversity at European level, in all areas bordering a country of the European Union, the issue and reception will be possible. of programmes disseminated through Hertzian waves, ensuring appropriate radio spectrum planning in cross-border areas.

2. The state competent audiovisual authority, by way of derogation and in accordance with Article 3 of Directive 2010/13, may limit such freedom of reception when television audiovisual services from a Member State of the Member State of the European Union in a serious and repeated breach of the provisions of the Spanish legislation on the protection of minors or conuining incitements to hatred on grounds of race, sex, religion or nationality, provided that such services would have incurred the previous conduct at least twice in the 12 months immediately above.

The audiovisual authority, in such cases, and before the adoption of the limitation measures, must notify the holder of the audiovisual services and the European Commission of the alleged infringements and the measures which it intends to take adopt in the event that such an infringement occurs again and initiate consultations with the latter and with the Member State in which the holder of the audiovisual services is established in order to reach an amicable settlement.

If the consultations with the subjects referred to in the previous paragraph have not resulted in agreement and the infringements persist, within 15 days of the notification of the same, the measures may be taken provided in the first paragraph of this number.

In the event of a negative decision by the Commission, the measures in question must be put to an urgent end.

3. Furthermore, if the audiovisual media service is on request, the freedom of reception may be limited in a proportionate manner for reasons of public policy, public security, protection of public health, or to protect consumers and investors. In this case, before taking the measures, the audiovisual authority must ask the Member State of the European Union whose jurisdiction the service provider is subject to take action and to notify, if the latter does not has taken, or has not been sufficient, the European Commission and the Member State concerned to adopt them.

In cases of urgency, the audiovisual authority may adopt these measures by notifying the European Commission and the Member State to whose jurisdiction the service provider is subject, indicating the reasons for urgency.

In the event of a negative decision by the Commission, the audiovisual authority shall refrain from adopting the proposed measures or, where appropriate, shall urgently put an end to the measures in question.

4. The accreditation of the measures referred to in the previous two numbers shall be carried out by means of the instruction of the relevant file by the state competent audiovisual authority. '

Four. Article 39 is amended as follows:

" 1. The competent State authority in accordance with Article 4 of Directive 2010/13 may adopt measures to safeguard the Spanish legislation, in accordance with the procedure laid down in this Article where the provider of a Television audiovisual communication service established in another Member State of the European Union directs its total service or mainly to Spanish territory and has been established in that Member State to circumvent the Spanish rules strict.

In this case, the state competent authority may, by means of a duly substantiated request, be brought into contact with the other Member State concerned in order to find a solution to the problems arising from each other. satisfactory.

2. If, within two months of the request, a satisfactory solution is not reached, the competent State authority may take the measures provided for in the number one of this Article provided that they are objectively necessary and apply non-discriminatory and proportionate to the objectives pursued.

3. Prior to the adoption of these measures, the audiovisual authority shall notify the European Commission and the Member State in which the service provider of the television audiovisual media service is established, the project of the measures to be applied, which shall be accompanied by the appropriate justification. The draft measure must be approved by the European Commission and, in the event of a negative decision by the European Commission, the audiovisual authority shall refrain from adopting the proposed measures. "

Final disposition octave. Regulation of the conditions under which the bodies or entities managing the transport infrastructure of the State shall permit the occupation of the public domain which they manage and the private ownership of which are the holders.

For the purposes of Articles 29 and 30 of this Law, by means of a royal decree agreed in the Council of Ministers, on a joint proposal of the Ministry of Industry, Energy and Tourism and the Ministry of Public Works, determine the conditions under which the bodies or entities managing the transport infrastructure of the State must permit the exercise of the right of occupation of the public domain which they manage and of the private property that they are operators, by operators of electronic communications networks and services under the principles of the effective access to such goods, reduction of charges, and administrative simplification, on a level playing field, non-discriminatory, objective and neutral.

Final disposition ninth. Constitutional foundation.

This law is issued under the exclusive state competence in the field of telecommunications, as provided for in Article 149.1.21. In addition, the provisions of the Law aimed at guaranteeing the market unit in the telecommunications sector are dictated by Article 149.1.1. of the Constitution, on the regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and in the fulfilment of constitutional duties and of article 149.1.13. of the Constitution, on the basis and coordination of the general planning of economic activity.

Final disposition tenth. Development competencies.

The Government and the Minister of Industry, Energy and Tourism, in accordance with the provisions of this Law and within the scope of their respective powers, may lay down regulatory standards requiring the development and implementation of this Act.

Final disposition eleventh. Entry into force.

This Law shall enter into force on the day following that of its publication in the "Official Gazette of the State".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this law.

Madrid, 9 May 2014.

JOHN CARLOS R.

The President of the Government,

MARIANO RAJOY BREY

ANNEX I

Telecommunications Rates

1. Overall rate of operators

1. Without prejudice to the economic contribution which may be made to operators for the financing of the universal service, in accordance with Article 25 and Title III, any operator shall be obliged to satisfy an annual fee which may not exceed 1,5 per thousand of its gross operating income and shall be intended to cover the costs incurred, including those for the management, control and enforcement, by the application of the legal system established in this Law, national regulatory authorities referred to in Article 68.

For the purposes of the above paragraph, gross receipts shall mean the set of revenues obtained by the operator arising from the operation of the networks and the provision of electronic communications services. included in the scope of this Law. For such purposes, they shall not be regarded as gross receipts for services provided by an operator whose amount is collected from users in order to remunerate the services of operators operating networks or providing services of electronic communications.

2. The fee shall be payable on 31 December of each year. However, if the operator is responsible for the loss of the rating to act as such on the date before 31 December, the fee shall be payable on the date on which this event occurs.

3. The amount of this annual fee may not exceed the costs incurred, including those for the management, control and enforcement, for the implementation of the legal regime established in this Law, referred to above.

To this end, the Ministry of Industry, Energy and Tourism shall make public by 30 April each year a memory containing the expenditure incurred in the previous financial year by the national regulatory authorities. Article 68, as referred to in Article 68, by the application of the legal system established in this Law.

The memory will, separately, cover the costs incurred by the National Commission of the Markets and the Competition for the application of the legal regime established in this Law, which will serve as a basis for establishing the the annual allocation of the Commission by the General Budget of the State and to ensure the adequacy of the Commission's financial resources for the implementation of this Law.

The amount of the fee shall be applied to the amount of expenditure incurred in the previous financial year by the national regulatory authorities referred to in Article 68 by the application of the legal system. established in this Law and which is mentioned in the above mentioned memory, the percentage which individually represent the gross operating income of each of the telecommunications operators in the previous financial year on the total gross receipts of the holding obtained in the same financial year by the telecommunications operators.

By royal decree the system shall be determined to calculate the costs incurred by the national regulatory authorities referred to in Article 68 for the application of the legal regime established in this Law, the management system for the settlement of this fee and the deadlines and requirements which the telecommunications operators must comply with in order to declare to the Ministry of Industry, Energy and Tourism the amount of their gross operating income with the the purpose of the calculation of the amount of the fee to be met by each of the telecommunications operators.

If the said declaration is not submitted in time, the taxable person shall be required to be notified on a feisty basis, so that within 10 days of filing the declaration. If it does not do so, the managing body shall provide it with a provisional settlement on the gross income of the holding determined under indirect estimation, in accordance with Article 53 of Law 58/2003 of 17 December 2003. Tax, including, the amount of the penalty and the interest on late payment. The imposition of the sanction will be in accordance with the provisions of the General Tax Law.

2. Numbering, routing, and naming rates

1. It constitutes the taxable fact of the rate the granting of rights of use of numbers, addresses or names.

Physical or legal persons benefiting from rights of use shall be taxable persons.

The fee shall be due on 1 January of each year, except for the initial period, which shall be due on the date of the granting of the rights of use.

The procedure for your levy will be established by royal decree. The amount of such levy shall be the result of multiplying the number of numbers, addresses or names whose rights of use have been granted for the value of each of them, which may be different according to the services and plans corresponding.

On a general basis, the value of each national telephone numbering plan number for the fixing of the numbering, routing and denomination rate including for these purposes the numbers employed exclusively for the provision of message services on telephone networks shall be EUR 0,04. This value will be applied to the coefficients that are specified in the following table, for the ranges and services that are indicated:

Coefficient	Service	Range (NXYA)	Length (figures)
0	Social interest services.	0XY, 112, 10YA	3 and 4
0	Harmonized European Social Value Services.	116 A (A = 0 and 1)	0
	12YA YA= 00-19) 22YA	Indefined.
2	Messages over phone networks.	2XYA (X ≠ 2) 3XYA 79YA 99YA	5 and 6
3	Short numbering and prefixes.	1XYA (X≠ 1) 50YA	4, 5, and 6
	1	Nomad Geographic and Vocal Numbering geographic.	9XYA (X≠ 0) 8XYA (X≠ 0)	9
1	Mobile numbering.	6XYA 7XYA (X= 1, 2, 3, 4)	9
1	Vocal numbering nomad.	5XYA (X= 1)	9
1	Numbering access to the Internet.	908A 909A	9
	10	Special Rates.	80YA (Y= 0, 3, 6, 7) 90YA (Y= 0, 1, 2, 5, 7)	9
10	Numbering staff.	70YA	9
30	Telephone query on subscriber numbers.	118 A (A= 1-9)	5
2	Machine-to-machine communications.	590 A	13

Note: In the column corresponding to the range identification, the NXYA figures represent the first 4 digits of the marked number. The figures X, Y, A can take all values between 0 and 9, except in the cases indicated otherwise. The hyphen indicates that the referenced figures can take any value from those shown on each side of the same (these included).

The national telephone numbering plan and its development provisions may introduce coefficients to be applied for numbering resources that are attributed after the entry into force of this Law, provided that those do not exceed the value of 30, with the exception of cases where rights of use of 9-digit numbers are granted to end-users, in which case the maximum value resulting from the fee may not exceed EUR 100.

For the purposes of calculating this rate, all national telephone numbering plan numbers, and employees exclusively for the provision of message services on public telephone networks, shall be understood to be formed by nine digits. Where rights of use are granted for a number with fewer digits, rights of use shall be deemed to be granted for all nine-digit numbers which may be formed by maintaining as an initial part of these the number whose rights of use are granted. When granting rights of use for longer numbers, they will be considered to be granted for all nine-digit numbers that can be formed with the first nine figures of those.

Also, the following rates are set by numbering, routing, and naming:

Signalling Point Code national (CPSN).

type	Reference rule	Value of each code (euros)
Signaling Point Code (CPSI).	UIT-T Recommendation Q.708.	1,000
UIT-T Recommendation Q.704.	10
Network Indicative (CIRD).	UIT-T X.121 Recommendation.	1,000
Mobile Network Indicative (IRM).	Recommendation UIT-T E. 218.	1,000
Portability Operator Code (NRN).	Technical specifications for portability.	1,000
Network Indicative (IRM).	UIT-T Recommendation E. 212.	1,000

These new charges shall apply without retroactive effect from 1 January of the year following the adoption of this Law.

The value of the numbering, routing, and denomination rate will be set annually in the State General Budget Act.

2. By way of derogation from the above heading, the market value of the use of the numbers and names whose rights of use are granted and the cost of their use may be taken into account in the fixing of the amount to be satisfied by this fee. it is possible to obtain the beneficiary person or entity in accordance with Article 19.

In this case, in the case of exceptional circumstances in which the national plans or their development provisions are laid down and in the terms set out in the national plans, the annual rate of the charge may be replaced by the which results from a tendering procedure in which an initial reference value and the length of time of the granting of the right of use are fixed. If the award value of the tender results in excess of that reference value, that value shall be the amount of the fee.

3. The amount of the numbering fee shall be refunded in proportion, where the allocation of the numbering resources is cancelled at the request of the person concerned, during the corresponding annual financial year. To do this, the procedure established by royal decree will be followed.

4. The amount of income earned by this fee shall be entered into the Treasury and shall be used for the financing of the expenditure supported by the General Administration of the State in the management, control and execution of the legal system established in this Act.

3. Rate by reservation of radio public domain

1. The reservation for private use or for special use by operators of any frequency of the radio public domain in favour of one or more persons or entities shall be taxed at an annual fee, in the terms set out in this paragraph.

For the fixing of the amount to be met by this fee for the obligated subjects, the market value of the use of the reserved frequency and the profitability that the beneficiary may obtain shall be taken into account.

For the determination of the said market value and the possible profitability obtained by the beneficiary of the reserve, the following parameters shall be taken into account, inter alia:

(a) The degree of use and congestion of the different bands and in the different geographical areas.

(b) The type of service for which the reservation is intended to be used, and in particular whether the reservation is carried out by the public service obligations set out in Title III.

c) The band or subband of the spectrum to be reserved.

d) The equipment and technology used.

e) The economic value derived from the use or use of the reserved public domain.

2. The amount to be satisfied by this fee will be the result of multiplying the amount of radio reserve units in the public domain reserved by the value in euros assigned to the unit. In the island territories, the area to be applied for the calculation of the radio units used for the determination of the corresponding fee shall be calculated by excluding the unsolicited coverage which is extended over the area maritime. For the purposes of this paragraph, a conventional measuring pattern, referred to the potential or actual occupancy, during the one-year period, of a bandwidth of a kilohertium over a year, is defined as a radio reserve unit. territory of one square kilometre.

3. The quantification of the above parameters will be determined by the State General Budget Law. The reduction of the parameter referred to in paragraph (b) of heading 1 of this paragraph of the rate per radio public domain reserve, to be determined in the General Budget Law of the State, shall be up to 75 per 100 of the value of such a coefficient for electronic communications networks and services which carry out public service obligations under Articles 25 and 28 (1) and (2) of this Law or for the public domain for the provision of services public in direct or indirect management by administrative concession.

Also, in the Law referred to in the preceding paragraph, it shall be fixed:

(a) The formula for the calculation of the number of radio reserve units of the various radio services.

b) The types of radio services.

(c) The minimum amount to be entered as a fee per reserve of the public radio domain.

4. The fee shall be paid by the holder of the radio public domain reservation. Only receiving stations which do not have a radio-electric reserve shall be excluded from the payment of the fee. The amount of the levy will be entered into the Treasury.

5. The amount of the fee shall be met annually. The day of the granting of the enabling title for the use of the demanium and, subsequently, the day 1 January of each year shall be payable.

6. The levy procedure shall be established by means of a royal decree. The non-payment of the fee may give rise to the suspension or loss of the right to the occupation of the public radio domain, except where, in the case of an administrative or administrative dispute brought by the public against the liquidation of the fee, the suspension of the payment would have been agreed.

7. Public administrations shall be exempt from the payment of this fee in the case of a reserve of public radio broadcasting for the provision of compulsory services of general interest solely for the purpose of national defence, public security and emergencies, as well as any other mandatory services of general interest without direct or indirect economic counterpart, such as fees, public or private prices, or other income derived from such benefit, such as as the revenue for advertising. To this end, they will have to request, in a substantiated manner, the exemption from the Ministry of Industry, Energy and Tourism. They shall not be subject to payment of the downstream satellite broadcasting links, both sound and television.

4. Telecommunications charges

1. Precise management for the granting of certain concessions and authorizations, registration registration, issuance of certifications, carrying out mandatory inspection actions, issuing of technical opinions and the realization of Examination shall give the right to the levy of the compensatory charges on the cost of the necessary formalities and procedures, in accordance with the following paragraphs.

2. It is the taxable fact of the charge that the administration requires the administration for the issuance of registered certificates; for the presentation of a technical project of the common telecommunications infrastructure and the certificate or bulletin of Installation of common telecommunications infrastructures within buildings; compliance with the technical specifications of telecommunications equipment and apparatus; and the issuing of technical assessment opinions of the conformity of these equipment and apparatus; the inscriptions in the register of undertakings Telecommunications installers; inspection or technical verification activities which, with a binding nature, are established in this Law or in other provisions with legal status or the presentation of certificates issued by a technician (a) the replacement of such inspection or verification activities; the processing of demanial concessions for the private use of the public radio domain and the processing of general or individual authorisations of special use; This domain and the conduct of the training exams to operate stations of radiofan.

3. The taxable person shall be liable for the fee, in accordance with the circumstances, for the natural or legal person applying for the relevant certification or technical opinion for the assessment; responsible declaration; request a certification for the presentation of the technical project of the common telecommunications infrastructure, the repose act, the installation bulletin and the test protocol and, where appropriate, the certificate of completion of works and the annexes; the works and the annexes to which the work is carried out mandatory character or request for demanial processing or concessions for the private use of the public radio domain or the processing of general or individual authorisations for the use of radio-radio public domain; present to the examinations for obtaining the title of operator of fan stations, as well as the certification of certificates issued by competent technical replacement for inspection or mandatory verification.

4. The amount of the levy shall be established in the General Budget Law of the State. The fee shall be payable at the time of the application. The rate yield will be entered into the Public Treasury. By means of royal decree, the form of the liquidation of the fee will be established.

Testing or testing to verify compliance with technical specifications shall be considered to be publicly priced when those tests may be carried out by the person concerned, optionally, in centres dependent on the Administration of any Member State of the European Union, of the Spanish Administration or in private or other institutions, where such evidence is requested by the person concerned on a voluntary basis without being obliged to do so by the rules in force.

5. Applicants for such authorisations who are 65 years of age in the year in which they make the application, or who have been eligible for the application, shall be exempt from the payment of the fee for the processing of individual authorisations for the use of public radio. previously completed, as well as beneficiaries of a public pension or who are recognised as being in a disability equal to or greater than 33 per 100.

5. Management and collection on a voluntary basis of fees

The Ministry of Industry, Energy and Tourism will manage and collect the fees for this annex on a voluntary basis.

ANNEX II

Definitions

1. Subscriber: any natural or legal person who has concluded a contract with a provider of electronic communications services available to the public for the provision of such services.

2. Access: the making available to another operator, under defined conditions and on an exclusive or non-exclusive basis, of resources or services for the purpose of providing electronic communications services, including when used for the purposes of provision of services of the information society or of services of broadcasting content. This term covers, inter alia, the following: access to network elements and associated resources which may require the connection of equipment by fixed and non-fixed means (in particular, this includes access to the local loop and resources and services necessary for the provision of services through the local loop); access to physical infrastructure such as buildings, ducts and masts; access to relevant computer systems, including operational support systems; access to information systems or databases for preorders, supplies, orders, requests for maintenance and repair, and invoicing; access to the conversion of the call number or systems with equivalent functionality; access to fixed and mobile networks, in particular for roaming purposes; access to access systems conditional for digital television services; as well as access to virtual private network services.

3. Economic operator: the manufacturer, the authorised representative, the importer and the distributor of telecommunications equipment and apparatus.

a) Distributor: any natural or legal person in the supply chain other than the manufacturer or importer who markets a product.

b) Manufacturer: any natural or legal person who manufactures a product, or who orders to design or manufacture a product and markets it under its name or trademark.

(c) Importer: any natural or legal person established in the European Union who introduces a product from a third country to the Community market.

(d) authorised representative: any natural or legal person established in the European Union who has received a written mandate from a manufacturer to act on his behalf in relation to specific tasks relating to obligations of the latter under the relevant Community legislation.

4. Frequency allocation: the designation of a frequency band for use by one or more types of radio communication services, where appropriate, under the conditions specified.

5. Frequency allocation: Administrative authorisation for a radio station to use a given radio frequency or channel under specified conditions.

6. National Regulatory Authority: the Government, the ministerial departments, the higher bodies and the management and public bodies, which in accordance with this Law exercise the powers provided for in this Law.

7. Local loop or subscriber loop of the public fixed electronic communications network: the physical circuit connecting the termination point of the network to a distribution device or equivalent installation of the public communications network fixed electronic.

8. Consumer: any natural or legal person using or requesting an electronic communications service available to the public for non-professional purposes.

9. Location data: any data processed in an electronic communications network or by an electronic communications service indicating the geographical position of the terminal equipment of a user of an electronic communications service available to the public.

10. Exclusive rights: rights granted to an undertaking by means of a legal, regulatory or administrative instrument which reserves the right to provide a service or to undertake a given activity in a specific geographical area.

11. Special rights: rights granted to a limited number of undertakings by means of a legal, regulatory or administrative instrument which, in a specific geographical area:

(a) Designate or limit, according to criteria that are not objective, proportional and non-discriminatory, to two or more the number of such undertakings authorised to provide a service or to undertake a given activity, or

(b) Trust an undertaking or undertakings, in accordance with such criteria, with legal or regulatory advantages which seriously hamper the ability of another undertaking to provide the same service or undertake the same activity in the same area geographical and in basically similar conditions.

12. Address: string or combination of figures and symbols that identifies the specific termination points of a connection and is used for routing.

13. Advanced digital television equipment: decoders for connection to television sets or integrated digital television sets capable of receiving interactive digital television services.

14. Terminal equipment: equipment intended to be connected to a public electronic communications network, that is, to be connected directly to the termination points of that or to interoperate, through, in order to send, process or receive information.

15. Technical specification: the specification in a document defining the required characteristics of a product, such as the quality levels or the properties of its use, safety, dimensions, symbols, tests and test methods, packaging, marking and labelling. The rules applicable to the product as regards the terminology are included within that category.

16. Radio spectrum: electromagnetic waves, the frequency of which is conventionally fixed below 3,000 GHz, which are spread through space without artificial guidance.

17. Operation of an electronic communication network: the creation, use, control or making available of such a network.

18. Interconnection: the physical and logical connection of public communications networks used by one or the same operator in such a way that users of an operator can communicate with users of the same or different operator; or to access services provided by another operator. The services may be provided by interested parties or by third parties who have access to the network. Interconnection is a particular type of access between public network operators.

19. Application program interface (API): the software interface between external applications, made available by broadcast operators or service providers, and the resources of advanced digital television equipment for the radio and digital television services.

20. Harmful interference: any interference which poses a risk to the operation of a radionavigation service or other security services, or which degenerates or severely obstructs or repeatedly interrupts a service radio communication operating in accordance with applicable international, Community or national regulations.

21. Call: a connection established by means of an electronic communications service available to the public to allow two-way communication of voice.

22. Name: A combination of characters (decimal places, letters, or symbols) that is used to identify subscribers, users, or other entities such as network elements.

23. Number: A string of decimal places that, among others, can represent a name or an address.

24. Geographical number: the number identified in the national telephone numbering plan which contains, in part of its structure, a geographical meaning used for the routing of calls to the physical location of the termination point of the the network.

25. Non-geographic numbers: the numbers identified in the national telephone numbering plan that are not geographic numbers. They shall include, inter alia, mobile phone numbers, free call numbers and additional charging numbers.

26. Operator: natural or legal person who operates public electronic communications networks or provides publicly available electronic communications services and has notified the Ministry of Industry, Energy and Tourism of the start of its business or is entered in the Operator Registry.

27. Operator with significant market power: an operator who, individually or jointly with others, enjoys a position equivalent to a dominant position, that is, a position of economic strength that allows his/her behaviour to be, to a degree appreciable, independent of competitors, customers and, ultimately, consumers who are natural persons.

28. Network termination point: the physical point at which the subscriber accesses a public communications network. In the case of networks in which switching or routing operations occur, the network termination point shall be identified by a specific network address, which may be linked to a number or a name of a subscriber.

29. Radio communication: any telecommunication transmitted via radio waves.

30. Associated resources: physical infrastructure, systems, devices, associated services or other resources or elements associated with an electronic communications network or with an electronic communications service enabling or supporting the provision of services through or with such a network or service. They shall include, inter alia, buildings or entrances of buildings, the wiring of buildings, antennas, towers and other supporting constructions, conduits, masts, access mouths and distributors.

31. Electronic communications network: transmission systems and, where appropriate, switching or routing equipment and other resources, including non-active elements that enable the transport of signals by means of cables, waves Hertzianas, optical or other electromagnetic means including satellite networks, fixed terrestrial networks (circuit and packet switching, including the Internet) and mobile, electrical laying systems, to the extent that they are used for the transmission of signals, networks used for sound broadcasting and television and cable television networks, irrespective of the type of information carried.

32. Public communications network: an electronic communications network which is used, in whole or in particular, for the provision of electronic communications services available to the public and which supports the transfer of signals between termination points of the network.

33. Frequency reservation: Radio spectrum Portion whose rights of use are granted by the Administration to a natural or legal person under specified conditions.

34. Associated services: those services associated with an electronic communications network or with an electronic communications service that enable or support the provision of services through or have potential for such a network or service; include, inter alia, the translation of numbers or systems with equivalent functionality, conditional access systems and electronic programme guides, as well as other services such as identity, location and presence.

35. Electronic communications service: the provision of services in general in exchange for a remuneration which consists, in whole or in particular, in the transport of signals through electronic communications networks, including services for telecommunications and transmission services in the networks used for broadcasting, but not for services which supply content transmitted by electronic communications networks and services or activities consisting of: in the exercise of editorial control over such content; they are excluded, also, the information society services defined in Article 1 of Directive 98 /34/EC which do not consist, in whole or in particular, in the transport of signals through electronic communications networks.

36. Television service of wide format: the television service constituted, in whole or in part, by programs produced and edited for presentation in full width format. The ratio of dimensions 16: 9 is the reference format for television services of this type.

37. Telephone service available to the public: the service available to the public to carry out and receive, directly or indirectly, national or national and international calls through one or more numbers of a national or international plan of Telephone numbering.

38. Conditional access system: any technical measure or technical mechanism that conditions access in intelligible form to a protected radio or television broadcasting service for the payment of a fee or other form of prior individual authorisation.

39. Telecommunications: any transmission, emission or reception of signs, signals, writings, images, sounds or information of any kind by wire, radio, optical or other electromagnetic systems.

40. Public telephone for payment: a telephone accessible to the general public and for the use of which it can be used as a means of payment of coins, credit/debit cards or prepaid cards, including cards using markup codes.

41. User: a natural or legal person who uses or requests an electronic communications service available to the public.

42. End-user: the user who does not exploit public communications networks or provides electronic communications services available to the public or resells them.